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Obama Presidential Eligibility - An Introductory Primer
http://people.mags.net/tonchen/birthers.htm ^ | 06/05/2009 | Stephen Tonchen

Posted on 06/19/2009 5:16:14 PM PDT by BuckeyeTexan

click here to read article


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1 posted on 06/19/2009 5:16:15 PM PDT by BuckeyeTexan
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To: LucyT; null and void; Candor7

Please ping the list.


2 posted on 06/19/2009 5:16:49 PM PDT by BuckeyeTexan
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To: AmericanVictory; Non-Sequitur; mlo; Lurking Libertarian

Ping


3 posted on 06/19/2009 5:18:24 PM PDT by BuckeyeTexan
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To: BuckeyeTexan
Saved & Printed:


4 posted on 06/19/2009 5:21:15 PM PDT by TexasCajun
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To: B4Ranch; glock rocks; Pete-R-Bilt; SouthTexas

My friends....


5 posted on 06/19/2009 5:32:10 PM PDT by Brad’s Gramma (BG x 2)
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To: tubebender

Youse too


6 posted on 06/19/2009 5:33:07 PM PDT by Brad’s Gramma (BG x 2)
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To: Brad's Gramma

My fellow Americans......


7 posted on 06/19/2009 5:36:47 PM PDT by CanaGuy (Go Harper!)
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To: usmcobra; ChildOfThe60s; SloopJohnB; Peter Libra; John Valentine; smoothsailing; avacado; ...

Pinging you because you posted on the Open Letter to Shep thread today. This is not a new ping list. It’s a one-time ping.


8 posted on 06/19/2009 5:42:30 PM PDT by BuckeyeTexan
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To: BuckeyeTexan

.... and Obama’s mother may have been to young to pass along natural born citizenship to him. She had moved to Kenya. Oh, and Obama may indeed have been born in Kenya. Oh yes, and as a minor child, Obama’s citizenship was changed to Indonesia (a requirement to school in Indonesia). Thus, he may have lost natural born citizenship there too............

WHEN ARE WE GOING TO SEE OBAMA’S BIRTH CERTIFICATE?


9 posted on 06/19/2009 5:43:09 PM PDT by real_patriotic_american
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To: BuckeyeTexan
Mr. Tonchen somehow missed the following with all of his devotion to detail.

I'm going to post this so that EVERYONE who thinks we are powerless to do something about this understands how best to go about it. We need to find the legal remedy enabling us to charge our representatives with disobeying their oaths of office and start removing them one by one. Here is the case.

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” the electoral votes during a short, specified time frame while the Electoral College votes are opened and tabulated. This process does not cover challenges to "eligibility" qualifications. In fact, if this act pretends to do so in the manner in which it prescribes, it is unconstitutional. Any act of this sort that 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.

The portion in bold stating “or if the President elect shall have failed to qualify” in section three is particularly interesting in that it plainly seems to infer that a “qualification” of some sort must be made in order to serve as President. Certainly, one cannot argue that it does not require a qualification process for one to “qualify”. To infer that the lack of a “specified” qualification process means that stated eligibility “qualifications” for the office of president can be ignored is fallacious. The wording of this passage in the twentieth amendment clearly infers that a qualification is required, regardless of how this is done.

There is only one set of qualifications listed anywhere in the Constitution that are not health related and they are listed in Article two, section one.

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.”

To satisfy meeting the requirement of the twentieth amendment to “qualify”, a president elect must present evidence that he meets it’s requirements for eligibility to serve. This means that a proper birth certificate HAD to be presented by the president elect in order to serve as president. If this was done, where is that certificate and to whom was it presented? If this was done, why would we not have the right to verify and inspect it under the freedom of information act?

If it was NOT done, then under the provisions of the twentieth amendment, Barrack Obama has “failed to qualify” and should not be serving as president of the United States of America.

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.

2. Anyone serving in Congress (see “Congress” in bold in Exhibit A), or anyone who is currently serving under the oath of office in Article six has "standing" and 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 very fact that they are duty-bound by oath to "support" the Constitution REQUIRES them to respond to any and all attacks against it. No judge can deny any of them the standing to do so. It would ask them to break the law in their effort to enforce the law.

3. We need to start pressing legal charges against all of our local representatives and senators covered by the oath of office in Article six for disobeying their oaths to support the Constitution as it pertains to the language of section three of the Twentieth amendment. Put PRESSURE on them to represent the document that gives them their authority in the first place. We are looking into how best to do this down here. We all should be looking into this approach. NOW.

10 posted on 06/19/2009 5:58:27 PM PDT by Uncle Sham
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To: BuckeyeTexan
I appreciate the ping.

I am now impelled to replenish my ink cartridges and get my trusty Cannon printer to work. The temptation of course, with persons being busy otherwise is just to lightly scan over such as this work. Being retired I intend to read it over and over. At first glance though, I will use this though it may be a cliche, I would use the word "scholarly". I would also use the word "cogent" - this is of course praise indeed.

Thanks. I can only offer, that even if the President stands off any further action by simply applying a fiat, the definition of natural born is long overdue prior to any further Presidential election. Surely this is not unreasonable for the electorate to ask?

11 posted on 06/19/2009 6:03:39 PM PDT by Peter Libra
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To: Peter Libra
Surely this is not unreasonable for the electorate to ask?

Without a doubt it is reasonable ... and prudent.

12 posted on 06/19/2009 6:10:24 PM PDT by BuckeyeTexan
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To: BuckeyeTexan
I read awhile back that if 0 is found not eligible everything he's done in office will become void, with legal chaos following.

Is this true, and what are some of the potential fallouts of a finding of ineligibility?

I think this info would be a good way to end the - very informative - list.

13 posted on 06/19/2009 6:13:23 PM PDT by the anti-liberal
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To: BuckeyeTexan

Best article I’ve seen yet, on the eligibility of.......the Interloper!


14 posted on 06/19/2009 6:16:21 PM PDT by 2harddrive (then)
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To: the anti-liberal

If I can find such a document, I will post it. You might contact the author to make the same suggestion. He seems quite capable of compiling information on this subject.


15 posted on 06/19/2009 6:21:01 PM PDT by BuckeyeTexan
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To: BuckeyeTexan
By writing, you would show that (a) you care about the Constitution, (b) you believe there are reasonable doubts about the President's Constitutional eligibility, and (c) faithfulness to the Constitution requires a proper and timely investigation and resolution of these doubts.

And, most importantly,
D) you wish to have an intimate relationship with the IRS, DHS and other assorted Obama Thugs that will be alerted to deal with your terrorist inclinations.

16 posted on 06/19/2009 6:23:12 PM PDT by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: ChildOfThe60s

*snort*

That’s funny.


17 posted on 06/19/2009 6:24:39 PM PDT by BuckeyeTexan
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To: BuckeyeTexan

Good idea, thanks.


18 posted on 06/19/2009 6:24:45 PM PDT by the anti-liberal
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To: BuckeyeTexan

“Barack Obama does have one thing in common with God. God doesn’t have a birth certificate either.”

Rush Limbaugh June 10th,2009


19 posted on 06/19/2009 6:47:36 PM PDT by TheConservativeParty ("Government is not reason, it is not eloquence, it is force." George Washington)
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To: BuckeyeTexan

Thank you. That is quite thorough.


20 posted on 06/19/2009 7:11:42 PM PDT by Albion Wilde ("Shouldn't there be equal time for our Bill of Responsibilities?" -- Justice Clarence Thomas)
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