Table of Contents

Kerchner et al v Obama & Congress et al
2nd Amended Verified Complaint
Original Lawsuit Filed 2:50 a.m. 20 January 2009
1st Amended Complaint Filed 21 Jan 2009
2nd Amended Complaint Filed 9 February 2009
Appeal to 3rd Circuit Court of Appeals Filing & Opening Brief
Filed 19 Jan 2010
Petition for Writ of Certiorari Filed with U S Supreme Court for
Kerchner et al v Obama & Congress et al Filed 30 Sep 2010
Table of Contents
Title Page

1

Jurisdiction and Venue

2

Parties

3

Introduction

6

Nature of Action

6

The Constitutional Republic

9

Not an Article II “Natural Born Citizen”

10

Not Born in the U.S.A.

10

Obama’s Father Not a U.S. Citizen
(Obama Sr. and Obama Jr. Born as British Subjects)

17

Obama’s Adoption (Obama Becomes Indonesian Citizen)

18

Obama May Be an Illegal Alien

18

The Lack of Vetting of Obama
The Vetting of Obama on Behalf of the Plaintiffs and
the People

19

Vetting by the Democratic National Committee
(DNC) on Behalf of the Plaintiffs and the People

19

(DNC provides 2 different versions of its Certification
of Nomination Certificates, signed & attested to by Nancy
Pelosi, to the several states. One to Hawaii with statement of
Constitutional eligibility and other states without that statement.
See more details about Hawaii in Endnote 16 on page 78.)
Vetting by the Secretaries of State on Behalf
of the Plaintiffs and the People
20
Vetting by the Federal Election Commission on
Behalf of the Plaintiffs and the People

21

Vetting by the Media on Behalf of the Plaintiffs
and the People

21

Vetting by the Commission on Presidential Debates
(CPD) on Behalf of the Plaintiffs and the People

22

Vetting by the Electoral College on Behalf of the
Plaintiffs and the People

24

Vetting Through Litigation on Behalf of the Plaintiff
and the People

24

When Obama was “Elected” President

25

Vetting by Congress on Behalf of the Plaintiffs
and the People. Congress Listens to People and Vets
McCain but Does NOT Listen to People to Vet Obama

26

Vetting McCain with U.S. Senate Resolution SR 511
April 2008 at the Request of the We the People but
Doing Nothing to Vet Obama’s Eligibiltiy. See
ENDNOTE 23 for greater details.

26

Cheney Did Not Call for the Objections as is
Required by Statute 3 USC 15

34

The Continuing Efforts by Litigants to Gather
Information Regarding Barack Hussein Obama II
on Behalf of the Plaintiffs and the People

35

Questions Remain Unanswered Regarding the
Identity of Obama

35

The Presidential Inauguration

35

Obama’s Waiver of His Privacy Rights in His
Certificate of Live Birth (BC)

36

Irreparable Harm and Causes of Action
Count I:
First Amendment-Abridged Right to
Petition the Government v. Non-Obama Defendants

36

37

THE NON-OBAMA DEFENDANTS VIOLATED PLAINTIFF KERCHNER’S
RIGHTS UNDER THE FIRST AMENDMENT BY ABRIDGING HIS RIGHTS TO
PETITION HIS GOVERNMENT FOR A REDRESS OF GRIEVANCES WHEN
THEY UNJUSTIFIABLY FAILED TO ADDRESS AND IGNORED PLAINTIFF’S
PETITIONS TO THEM TO INVESTIGATE WHETHER OR NOT OBAMA IS
AN ARTICLE II “NATURAL BORN CITIZEN” AND QUALIFIED TO BE
PRESIDENT AND COMMANDER IN CHIEF OF THE UNITED STATES

Count II:
Fifth Amendment-Procedural Due Process
v. Non-Obama Defendants
THE NON-OBAMA DEFENDANTS VIOLATED PLAINTIFFS’ FIFTH
AMENDMENT RIGHTS BY DEPRIVING THEM OF A LIBERTY INTEREST
WITHOUT PROCEDURAL DUE PROCESS OF LAW BY FAILING UNDER
THE PROCEDURAL GUIDELINES OF THE TWENTIETH AMENDMENT AND
3 U.S.C. 15 TO AFFORD PLAINTIFFS AN OPPORTUNITY TO BE HEARD
THROUGH THEIR ELECTED REPRESENTATIVES AND BY FAILING TO
CONDUCT AN APPROPRIATE CONGRESSIONAL INVESTIGATION AND
HEARING ON WHETHER OBAMA WAS BORN IN THE UNITED STATES
AND WHETHER HE IS AN ARTICLE II “NATURAL BORN CITIZEN” AND
QUALIFIED TO BE PRESIDENT AND COMMANDER IN CHIEF THEREOF

39

Count III:
v. Obama

Fifth Amendment-Substantive Due Process
43

DEFENDANT OBAMA VIOLATED PLAINTIFFS’ FIFTH AMENDMENT
RIGHTS BY DEPRIVING THEM OF A LIBERTY INTEREST WITHOUT
SUBSTANTIVE DUE PROCESS OF LAW BY COMMENCING AND
CONTINUING THE OCCUPATION OF THE OFFICE OF PRESIDENT WHILE
REFUSING TO HONOR THEIR REQUESTS PURSUANT TO ARTICLE II
THAT HE PROVE THROUGH CREDIBLE, OBJECTIVE, AND SUFFICIENT
EVIDENCE THAT HE WAS BORN IN THE UNITED STATES AND IS AN
ARTICLE II “NATURAL BORN CITIZEN” THEREOF

Count IV: Fifth Amendment-Substantive Due Process
v. Non-Obama Defendants

46

THE NON-OBAMA DEFENDANTS VIOLATED PLAINTIFFS’ FIFTH
AMENDMENT RIGHTS BY DEPRIVING THEM OF A LIBERTY INTEREST
WITHOUT SUBSTANTIVE DUE PROCESS OF LAW BY ALLOWING OBAMA
TO COMMENCE AND CONTINUE THE OCCUPATION OF THE OFFICE OF
PRESIDENT WHILE REFUSING TO HONOR THEIR REQUESTS UNDER
ARTICLE II AND THE TWENTIETH AMENDMENT THAT THEY
ADEQUATELY CONFIRM WHETHER OBAMA WAS BORN IN THE UNITED
STATES AND THAT HE IS AN ARTICLE II “NATURAL BORN CITIZEN”
THEREOF

Count V: Fifth Amendment-Equal Protection
v. Non-Obama Defendants
THE NON-OBAMA DEFENDANTS VIOLATED PLAINTIFFS’ FIFTH
AMENDMENT RIGHTS BY DENYING THEM EQUAL PROTECTION OF THE
LAWS IN REFUSING AND FAILING TO EXERCISE THEIR GENERAL
INVESTIGATORY AND TWENTIETH AMENDMENT POWERS TO PROTECT
PLAINTIFFS BY AFFORDING THEM AN OPPORTUNITY TO BE HEARD
THROUGH THEIR ELECTED REPRESENTATIVES, AND BY REFUSING AND
FAILING TO CONDUCT AN APPROPRIATE INVESTIGATION, LEGAL
RESEARCH, AND PUBLIC HEARINGS ON WHETHER OBAMA IS AN
ARTICLE II “NATURAL BORN CITIZEN” AND QUALIFIED TO BE
PRESIDENT AND COMMANDER IN CHIEF OF THE UNITED STATES WHEN
THEY DID PROVIDE SUCH PROTECTION TO OTHER SIMILARLY
SITUATED CONCERNED CITIZENS WHO EXPRESSED THE SAME
CONCERN REGARDING PRESIDENTIAL CANDIDATE JOHN MCCAIN’S
ARTICLE II “NATURAL BORN CITIZENSHIP” STATUS AND
QUALIFICATIONS TO BE PRESIDENT

49

Count VI:
v. Obama

Ninth Amendment-Rights Reserved
52

PLAINTIFFS HAVE THE CONSTITUTIONAL RIGHT UNDER THE NINTH
AMENDMENT TO COMPEL OBAMA TO SATISFY HIS ARTICLE II
CONSTITUTIONAL BURDEN OF PROVING THROUGH OBJECTIVE,
CREDIBLE, AND SUFFICIENT PROOF THAT HE WAS BORN IN THE
UNITED STATES AND THAT HE IS AN ARTICLE II, “NATURAL BORN
CITIZEN” AS THAT TERM SHALL BE DEFINED BY THE JUDICIAL
BRANCH OF GOVERNMENT

Count VII: Ninth Amendment-Rights Reserved
v. Non-Obama Defendant

53

PLAINTIFFS HAVE THE CONSTITUTIONAL RIGHT UNDER THE NINTH
AMENDMENT TO COMPEL THE NON-OBAMA DEFENDANTS TO
CONDUCT APPROPRIATE CONGRESSIONAL HEARINGS UNDER THE
TWENTIETH AMENDMENT TO DETERMINE IF OBAMA IS ARTICLE II
QUALIFIED TO BE PRESIDENT UNDER THE STANDARD TO BE
ESTABLISHED BY THE COURT AND IF HE DOES NOT SO QUALIFY TO
REMOVE HIM FROM THE OFFICE OF PRESIDENT AND REPLACE HIM
PURSUANT TO APPLICABLE CONSTITUTIONAL PROVISIONS

Count VIII: Tenth Amendment-Power Reserved
v. Obama
PLAINTIFFS HAVE THE CONSTITUTIONAL RIGHT UNDER THE TENTH
AMENDMENT TO COMPEL OBAMA TO SATISFY HIS ARTICLE II
CONSTITUTIONAL BURDEN OF PROVING THROUGH OBJECTIVE,
CREDIBLE, AND SUFFICIENT PROOF THAT HE WAS BORN IN THE
UNITED STATES AND THAT HE IS AN ARTICLE II, “NATURAL BORN
CITIZEN” AS THAT TERM SHALL BE DEFINED BY THE JUDICIAL
BRANCH OF GOVERNMENT

56

Count IX: Tenth Amendment-Rights Reserved
v. Non-Obama Defendant

57

PLAINTIFFS HAVE THE CONSTITUTIONAL RIGHT UNDER THE TENTH
AMENDMENT TO COMPEL THE NON-OBAMA DEFENDANTS TO
CONDUCT APPROPRIATE CONGRESSIONAL HEARINGS UNDER THE
TWENTIETH AMENDMENT TO DETERMINE IF OBAMA IS ARTICLE II
QUALIFIED TO BE PRESIDENT UNDER THE STANDARD TO BE
ESTABLISHED BY A COURT AND IF HE DOES NOT SO QUALIFY TO
REMOVE HIM FROM OFFICE AND REPLACE HIM PURSUANT TO
APPLICABLE CONSTITUTIONAL PROVISIONS

Count X: Twentieth Amendment-Congress to
Qualify President Elect v. Non-Obama Defendants

60

GIVEN PLAINTIFFS’ AND OTHER CONCERNED AMERICANS’ PETITIONS
TO THE NON-OBAMA DEFENDANTS TO ADDRESS THEIR GRIEVANCES
REGARDING WHETHER OR NOT OBAMA IS AN ARTICLE II “NATURAL
BORN CITIZEN” AND QUALIFIED TO BE PRESIDENT AND COMMANDER
IN CHIEF OF THE UNITED STATES, THE NON-OBAMA DEFENDANTS
VIOLATED PLAINTIFFS’ RIGHTS UNDER THE TWENTIETH AMENDMENT
BY FAILING TO CONDUCT AN APPROPRIATE INVESTIGATION AND
HEARING THEREUNDER ON WHETHER OBAMA IS AN ARTICLE II
“NATURAL BORN CITIZEN” TO ASSURE THEM THAT HE IS QUALIFIED
TO BE PRESIDENT AND COMMANDER IN CHIEF OF THE UNITED STATES

Count XI:

Quo Warranto v. Obama

65

BECAUSE OBAMA IS NOT AN ARTICLE II “NATURAL BORN CITIZEN,”
THE COURT SHOULD REMOVE AND EXCLUDE HIM FROM THE OFFICE
OF PRESIDENT WHICH HE PRESENTLY HOLDS AND PERMANENTLY BAR
HIM FROM HOLDING THAT OFFICE

Count XII: Declaratory Action v. All Defendants
THE COURT SHOULD DECLARE THE RIGHTS OF THE PLAINTIFFS AND
THE DEFENDANTS IN CONNECTION WITH THE QUESTION OF WHETHER
OBAMA IS AN ARTICLE II “NATURAL BORN CITIZEN” AND WHETHER
THE NON-OBAMA DEFENDANTS ARE TO BE COMPELLED TO HOLD
CONGRESSIONAL HEARING ON THE QUESTION OF WHETHER OBAMA IS
AN ARTICLE II “NATURAL BORN CITIZEN” AS THAT TERM WILL BE
DEFINED BY THE COURT AND IF THEY DETERMINE THAT HE IS NOT
THAT THEY EXERCISE THEIR POWERS UNDER THE CONSTITUTION TO
REMOVE HIM FROM THE OFFICE OF PRESIDENT AND REPLACE HIM

68

Prayer for Relief

69

Defendant Obama

69

Non-Obama Defendants

72

Attorney Signature and Name and Address

74

Endnotes

75

Verifications

85

End of Table of Contents