Posted on 12/17/2008 10:05:48 AM PST by autumnraine
I read a post the other day that a Freeper got from Congressman John Linder, Georgia, stating that he would stand and object to Obama if he doesn't show proof of constitutional eligibility.
I emailed Mr. Linder and asked if he did indeed write that email and if he was serious about holding Obama to task on something as serious as this.
A few moments ago I received a phone call from Congressman Linder's office confirming that he intends to do exactly that and he is just as intent as us on verifying Obama's eligibility.
I told his staffer (very nice lady) that I was proud of him and that I appreciated his bravery as I know he is going against the tide with this.
She said that she herself was concerned as she had to show full, long form documentation to even work in the building for a Congressman and we shouldn't be told to just take someone's word for an office as important as POTUS.
Anyway, I just wanted to let everyone know that at least one Congressman is standing up to this, even if the SCOTUS doesn't have the nerve to examine what would seem to be a reasonable question.
I looked up the full text of 3 USC 15, and I don't see that it has to be a Senator and Representative from the state of which the electoral tally is being challenged. Nor that the Senator and Representative need be from the same state as each other. Good Thing too, since it's going to be hard to find a non RINO Senator with the testicular fortitude to object. But I think there might be one or two that would be willing to give it a go. I hope.
I also hope they have some firm evidence, not just something collected on the internet, to back up their objection. Something the 'Rats cannot so easily dismiss. Like a Kenyan or UK birth certificate. Or even the one the state of Hawaii says they have.
Would a Senator or Representative have "standing" to obtain a court order for the BC?
I think you have explained it the way I thought it might happen. Seems that last paragraph is the key to understanding how an objection to the Electors of Alabama who voted for Obama would hold up the whole process.
So at that point would the Vice-President order Obama to produce proof in the form of his valt BC? Or would it be the DNC?
Untrue, the electors have cast their ballots and when congress certifies the results he will be CIC.
Obama's qualification is not at issue at the counting. The Congress does not have the Constitutional authority to question it, as they have with respect to their own members, only the qualifications of the Electors' votes.
Nonetheless it is important that an objection be made for challenges after Obama is installed.
Representative Linder is doing a great service.
Nope. Read the statute again-- it is "finally disposed of" by a vote of the two houses of Congress. If both do not vote to reject the electoral votes, they "shall be counted."
It is pretty clear that the Vice President presides over the proceedings. He is responsible for certifying the EC vote as valid. The objection to the votes for B. HO. arise from the question of his meeting the natural born citizen requirement. The first logical step in making that determination is obvious, produce the original birth certificate. Depending on what information it contains there could be other objections.
The Electors of Alabama would almost surely vote unanimously for McCain, since McCain won the state in the election. Assuming the electoral votes are presented in alphabetical order by state, all the electors of the next three states - Alaska, Arizona, and Arkansas, likely voted for McCain as well. It would be the electoral votes from California for Obama that should prompt the objection.
Incidentally, according to what I've heard, at least one Democratic elector appearing on the Dem slate in California filed before the election has been dead for seven years! That should prompt another objection on another ground from any congressman or senator concerned about the integrity of the process.
“I don’t see that it has to be a Senator and Representative from the state of which the electoral tally is being challenged. “
You are correct. The alarms went off in my head and I tried to reach in and correct my statement via post #70.
Also agree with you on the firm evidence. Assuming O was not born in Hawaii, the draft on my About page suggests how I think they should go about it. They should not just weakly challenge and risk getting blown out or stalled beyond Jan 20 - unless they know the Hawaiian BC states Kenya for place of birth.
Rather, they should come loaded for bear with irrefutable evidence - and that evidence is in government files. O, his friends and O Sr., who allegedly was on a diplomatic passport, have not escaped the attention of LE and intel agencies over the years. The wrinkle is that O’s handlers have thought through each step and can be expected to employ any number of devices.
If the objection is defeated without the production of a BC, or despite such irrefutable evidence then I think there is a role for the USSC to determine whether the vote violates the Constitution.
Interesting. Orland was a U.of HI professor, who passed away at 91 in 2007, but at least then Thelma was still alive. They had 3 children. (Honolulu Advertiser obit)
According this WND story, Thelma has since passed as well. (FR Thread on WND Story
Shiite. People will claim that the Obama's lived with them. With no evidence to back it up, since they are deceased and can't be asked.
There is a photo of Orlando on page 11 of this Ke Humu'Ike (Newsletter of U of HI. Colleges of Arts and Science at Manoa Fall 2003)
Thanks, LucyT
Excellent update.
Ping.
I will fight this tooth and nail until I see a birth certificate or until all officers and warrant officers of the miltary, whom all are appointed by the Pres and sworn to uphold the constitution are satisfied.
Do not blow this off.
And what will they be basing the voting on? The objection is that he does not meet the criteria stated in the Constitution. They can either vote to require production of the B.C. or proceed without addressing the objection. If they proceed without requiring the original B.C. to be produced for all of the House, Senate and the Vice-President to examine, the Vice-President could refuse to certify the vote count. He has the final call.
Berg’s docket # is 08-570 on the supremecourtus.gov website
“Obama’s qualification is not at issue at the counting...only the qualifications of the Electors’ votes.”
On the face of it, your interpretation appears consistent with the language of 3USC15.
Clearly, however, an elector appointed by Mickey Mouse can not be said to have been appointed in accordance with the laws of the State, given MM is patently unqualified to serve as President.
Further, an electoral vote for MM cannot be said to have been “regularly given”.
We are told O handpicked his electors. If he was born in Kenya, he knows he is unqualified. (Even if Frank Davis is on the BC, which would have been ludicrous in 1961.) Therefore, his electors would not have been legally appointed and, whether or not they had knowledge O was unqualified, their votes are subject to objection.
If one argues state officials certified the vote and there can be no issue, the response is the state acted in reliance on O’s fraudulent certification that he was qualified for the office. He was after all, as a US Senator, presumed to be a man of honor and integrity.
Good for Lumper, might have a long wait for both of them.
The Vice-President certifies the EC vote. But the rest of the sentence should be correct. The second sentence, umm, well...
I would hope that Senator Chambliss could stand with him after the fight he had to put up with from the O’s supporters in his recent re-election. I like the idea of two folks from Georgia objecting!
This gal in NY has sent him an email too. I pray God gives him strength and courage to stand firm!
The 20th Amendment states “if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified...”
I am still trying to find the place in the Constitution where it states that a Representative and Senator may submit an objection in writing on the day that the ballots are counted in the Congress. I know it’s there somewhere!
Excellent. Now one Senator.
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