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The stage is being set for a major ruling from the 9th Circuit Court of Appeals on whether the U.S. judiciary actually can enforce the provisions of the Constitution.

The basic question is being raised in an appeal of a district judge's decision to dismiss a legal challenge to Barack Obama's constitutional eligibility to be president.

WND previously reported U.S. District Judge David Carter's decision to dismiss the complaint that listed several dozen plaintiffs. Gary Kreep of the United States Justice Foundation has filed a notice of appeal to the 9th Circuit in the case. Because of the unusual circumstances in which some of the plaintiffs are represented by another lawyer, attorney Orly Taitz also has filed a motion for reconsideration.

Kreep, who represents plaintiffs Wiley Drake and Markham Robinson, posed the question at the center of the case: "Whether the court may make a determination of whether the president has met the eligibility requirements for office, whether the 'natural born citizen' clause of the
United States Constitution may be enforced by the courts, whether the 'natural born citizen' clause of the U.S. Constitution is a nonpolitical question, whether the court may remove from office a president that was not elected in accordance with the U.S. Constitution."

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