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by John Charlton

(Oct. 20, 2009) — Commander Charles F. Kerchner, Jr., U.S. Naval Reserve (Retired), issued a public statement today in favor of the sovereign rights of the citizens of the United States against governmental usurpation as the unique and necessary solution to the National Crisis brought on by Obama’s take over of the National Government. Commander Kerchner is the lead plaintiff in Kerchner vs. Obama, which was filed before Barack Hussein Obama usurped the presidency on Jan. 20, 2009.  Attorney Mario Apuzzo is representing Kerchner and the other plaintiffs.

That statement read as follows:

Kerchner: On the Sovereign and Sovereign Immunity

In the case of constitutional issues We the People and/or the Constitution created by We the People are sovereign. The fundamental law of our nation, the Constitution, can only be changed by amending it by the process provided in that Constitution, not by a branch of the federal government usurping or ignoring it. Congress cannot amend the Constitution by itself and certainly not with a simple majority vote. It takes a vote of 2/3 the members of Congress to put forward such an amendment to the several states and ratification by 3/4 of the several states of our nation. We are a Constitutional Republic, not a pure democracy. All rights and power not given to the federal government by the Constitution is reserved to the several states and to the People. See the 9th and 10th Amendments in the Bill of Rights for the details on that fact. We the People created the federal government enabled by the founding document, the federal U.S. Constitution. The Congress or the President cannot arbitrarily ignore the U.S. Constitution and those branches of the federal government cannot hide behind sovereign immunity. For if they can the Constitution is then no longer the supreme law of the land and the Congress and the President have placed themselves above that supreme law. We would no longer be a nation of laws if the supreme law of the land can be ignored and not enforced by the whims of the simple political majority in control of Congress.

I believe that Article I, Section 6, clause 1 protects the individual Senators and Reps from arrest and/or charges due to their speech and debate. It does not grant sovereign immunity to the Congress as a whole or the Senate as a body or the House as a body to totally ignore the Constitution, the “fundamental law” as Vattel describes such laws, and the foundational law of our federal government and nation. The sovereign power in our Republic is “We the People” and the Constitution we established to limit the power of the Federal Government, and thus the Congress which is part of that. Thus the Congress as a body in our government is not sovereign and thus cannot have sovereign immunity regarding charges that it as a body did not do its constitutional duty and/or ignored parts of the constitution. Who or what is the USA. It is the several states and We the People and the Constitution. It is not the Congress and it is not the President. The Constitution is the supreme and sovereign law. Congress is not sovereign and neither is the President and thus they cannot use sovereign immunity to betray and undermine the constitution. If the Congress is sovereign, then Congress would be the ultimate power and even be above the constitution. That is not our system of government. And that is not what Vattel taught either and wrote about a republic with a written constitution. The elected officials are our representatives and we acquiesce to them to run the government as long as they obey the Constitution and not ignore any part of the Constitution, the supreme law of the land, and that these elected representatives act in a way to protect our life, liberty, and pursuit of happiness which our patriot ancestors and many who have served since fought and died to obtain and keep for us. The written Constitution is supreme and sovereign as that contract was established by We the People acting through the several states. And it states it takes 3/4th of the several states via agreement of the People of those states speaking through their respective legislative body to change that sovereign law, the U.S. Constitution.

We the People are the sovereigns and the Constitution is the supreme, fundamental, sovereign law in our federal system. The President and Congress are not above the law. No executive order or statutory law passed by them is supreme to the Constitution and the inalienable rights of We the People. I did not swear an oath to defend a man or any particular person serving as the President or a piece of land. I swore an oath to support and defend the Constitution. We the People retain the ancient right of the sovereign, which is us in our system, to bring a Quo Warranto charge against a usurper Putative President. And I did so in my lawsuit. Any order or law made by Congress or anyone else in our federal government which stands in the way of We the People’s inalienable right to protect our Constitution, which we created, from a usurper must fall. Those laws must fall by the wayside as subservient and that they are not applicable to blocking our inalienable rights and cannot be allowed to block the People getting answers in the federal courts to Constitutional questions. I swore an oath to support and defend the Constitution against all enemies foreign and domestic. I intend to do so.

Charles F. Kerchner, Jr.
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress

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  1. Amen and three cheers for Commander Charles Kerchner, Jr., whose name should have an honored place in the hearts of patriots. He has taken his stand on the Constitution, and we can only hope more military men and women join him in keeping their oath.

    And I agree with Jack’s comment about suing members of Congress for dereliction of duty. If you are going to play the political game, you have to play by the rules–otherwise it is not a game but jungle warfare (might is right), which is what we have in Amerika today.

  2. Moreover, each and every member of Congress should be notified that he or she is personally liable (can be sued) for his or her own failure, or the same in conspiracy with other members, to perform what is a ministerial and constitutional duty, that is, to require and/or insist that Presidential electoral votes only be counted for candidates who are “natural born citizens” under Article II of the United States Constitution, the failure of which creates a cause of action for deprivation of claimants’ constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a Constitutional Republic. The constitutionally tortious conduct is not subject to congressional immunity and would be the jettison of Article II of the Constitution by failure to stop and/or object to the counting of electoral votes for Barack H. Obama who has admitted that at the time of his birth his father was a Kenyan/British citizen and not a citizen of the United States of America.

  3. Another view of “sovereign immunity.” With its notes it is 8 pages long.
    Here is a portion of a brief I filed in Federal court in which I attack the God-less concept of immunity. I am always open to suggestion and discussion of my writing. Your’s are invited.
    Mr. Charlton Replies: Mr. Wakefield, this is not appropriate for a comment; its more a dissertation! Email it to Commander Kercher, via their blog (see link above).

  4. Is this for real???? I pray and hope so……
    God Bless you guys, and God bless America….
    When I get reemployed, I’d be MORE THAN happy to donate and help. In the meantime, I’ll spread the good word. We needed a fight like this before they do irreparable damage to our Country.

  5. Your article states “Congress cannot amend the Constitution by itself…” The Federal Reserve Act of 1913 proves your assertion wrong! The power to regulate the value of money did belong to the people of the united states to be exercised on their behalf by their representatives in Congress assembled.
    There is another “law” that supersedes the Constitution, our Fundamental Law: “Let me issue and control a nation’s money supply, and I care not who makes its laws.”
    (Mayer Amschel Rothschild, Founder of Rothschild Bankster Dynasty)
    In order to fully appreciate how ol’ Mayer was able to to pull it off, you have to understand he had some serious help.
    Consider carefully the following Scripture:
    (God Said) “How art thou fallen from heaven, O Lucifer, son of the morning! how art thou cut down to the ground, which didst weaken the nations!
    For thou hast said in thine heart, I will ascend into heaven, I will exalt my throne above the stars of God: I will sit also upon the mount of the congregation, in the sides of the north: I will ascend above the heights of the clouds; I will be like the most High.” Isaiah 14:12-14
    “Again, the devil taketh him (The Christ) up into an exceeding high mountain, and showeth him all the kingdoms of the world, and the glory of them; And saith unto him, All these things will I give thee, if thou wilt fall down and worship me.” Matthew 4:8-9
    Just because Jesus refused his offer satan did not stop looking. It is a pretty logical conclusion that ol’ Mayer took satan up on his offer.
    Satan can’t “be like The Most High” unless he has worship.
    One more Scripture that helps to identify the “teams:”
    “And they worshipped the dragon (devil) which gave power unto the beast:…And all that dwell upon the earth shall worship him (the beast), whose names are not written in the book of life of the Lamb slain from the foundation of the world.” New Testament, Book of the Revelation 13:4 & 8.
    You will note that God Himself has identified the “teams” and there are ONLY two. One team is called the Christ Worshipers, the others are the devil worshipers. Our failure to recognize this fundamental precept has cost us dearly because we have allowed too many of the devil worshiping team to pretend they are on the Christ Worshiping team. Christ worshipers follow God’s Law, the devil worshipers play by the devil’s rules, murder, deceit, and lies of all kinds are found in their team’s “playbook.”
    Would you not agree?