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To: Atom Smasher

So what is the recourse we can take for this?
::::::::::
Not sure, since various suits have gone to the SCOTUS and they have refused to hear ANY of them (to my knowledge). Certainly this situation belies a government FOR AND BY THE PEOPLE.


20 posted on 05/04/2009 6:37:58 PM PDT by EagleUSA
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To: EagleUSA

I think its time for a good old fashioned revolution!


23 posted on 05/04/2009 6:42:15 PM PDT by Atom Smasher
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To: EagleUSA; Atom Smasher
The case for DEMANDING that Barack Obama present his eligibility requirement qualifications is not a complicated case. The U.S. Constitution clearly provides that this is a burden of the “President elect” as can be seen in the excerpts from the Constitution itself. “Qualification” must occur before someone is allowed to serve as President or Vice President. The only qualifications listed within the Constitution that are not health related are these in Article two:

" No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."

In addition, he must take the following oath of office:

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Now, here are the defining criteria DEMANDING that a “President elect” submit qualifications BEFORE being allowed to serve as President:

Exhibit A, The Twentieth Amendment, Section 3 reads as follows:

"3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified."

Exhibit B, U. S. Code CITE: 3USC19 "TITLE 3--THE PRESIDENT CHAPTER 1--PRESIDENTIAL ELECTIONS AND VACANCIES

Sec. 19. Vacancy in offices of both President and Vice President; officers eligible to act

(a)(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President."

Exhibit C: U. S. Constitution, Article Six Oath of Office for elected officials:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

Exhibit D: The Electoral Vote Counting Act of 1877:

The process currently provides that someone “challenge” eligibility during a short, specified time frame while the electoral college votes are opened and tabulated. This process runs counter to the language of the twentieth amendment which DEMANDS qualifications to be provided by the President elect or whomever is being considered for the office of President. The very fact that this act does not require that qualifications be presented by the President elect serves to undercut the provisions in the Constitution itself. No act that does not support the Constitution is constitutional. In order to change the requirements of the Twentieth amendment, one would need to pass another amendment. An “Act” doesn’t cut the mustard.

Based upon the above, I conclude that

1. We currently have a vacancy at President because no one has yet “qualified” as required in the Twentieth amendment. The terms "The President elect shall have failed to qualify" clearly places this burden upon the President elect and not on someone raising their hand in objection. If this “qualification” has in fact been made, we the people should have access to it and deserve to know to whom it was made and when.

2. Anyone serving in Congress (see “Congress” in bold in Exhibit A)can DEMAND that their oaths be met by receiving proper “qualifying” documentation from Mr. Obama. This charade at the time of counting the electoral college votes does not limit their ability to do so at any time they so choose. The FACT is that "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States' all are duty bound by this oath to demand that qualifications are presented. They all have "standing" to do so by virtue of this oath in Article six of the U.S. Constitution. To deny anyone who has been administered this oath "standing" to defend the Constitution is to deny them the ability to keep from upholding their oath of office. Breaking your oath is braking the law. No judge can require you to break the law in your own effort to uphold the law. The Constitution is the law. All we need is ONE official from the above listing to press the case forward. One.

43 posted on 05/04/2009 7:25:44 PM PDT by Uncle Sham
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