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To: Blackacre

Thank you for your response.

In reverse order, you state in your #90:
“The 20th Amendment doesn’t deal with issues like NBC.”

You should know it is wide believed that the 20th A is the first to specifically address a candidate’s ineligibility which, of course, would certainly include the candidate’s NBC status. (Incidentally, you and I agree on the foreign citizenship issues; and our Congress accepted his well-publicized foreign parentage, although I would argue the acceptance is not binding on the USSC.)

“When the EC cast their vote, Barrack Obama qualified as President for purposes of this Amendment.”
You must mean by this that the EC was acting as though Barrack Obama was qualified, certainly not that he was, indeed, qualified.
Otherwise, of course, there would have been no need for 3 USC 15 or the January 8 Joint Session of Congress.
May I assume you will agree the EC does not have the authority to waive a Constitutional requirement?

As an aside, it appears the EC almost certainly chose based on the President elect doing nothing more than simply signing a certification in the primary elections that he was eligible. The fact he was a US senator may have been an influence, but it was irrelevant.
Certainly, his substantial effort and expense to avoid revealing his birth certificate argues he provided the states with nothing more than a signature.

Much of your response in #89 deals with the “shall not have been chosen” aspect of the Amendment. We can move beyond that point because here the EC qualified and chose and has no other duty or involvement. We can move to the next clause that addresses the failure to qualify. Who is to perform the qualification? The language is express.

At the risk of sounding argumentative, let me ask this: If the Congress at the Joint Session, pending its acceptance of the EC’s work, had asked the President elect, to provide evidence he was a NBC, do you believe he was obligated to provide a verifiably authentic birth certificate?


92 posted on 06/24/2009 12:54:36 PM PDT by frog in a pot (Socialism and facism violate the Constitution and are "domestic enemies".)
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To: frog in a pot
You must mean by this that the EC was acting as though Barrack Obama was qualified, certainly not that he was, indeed, qualified.

My point is that unless and until some court of appropriate jurisdiction comes along and says otherwise, the EC's casting of its votes for Obama (followed by Congress' acceptance of such vote) is determinative of his qualification to serve as President.

May I assume you will agree the EC does not have the authority to waive a Constitutional requirement?

Agreed.

At the risk of sounding argumentative, let me ask this: If the Congress at the Joint Session, pending its acceptance of the EC’s work, had asked the President elect, to provide evidence he was a NBC, do you believe he was obligated to provide a verifiably authentic birth certificate?

Yes, but they didn't. Once that process was complete, we've moved on beyond the 20th Amendment.

102 posted on 06/24/2009 4:42:37 PM PDT by Blackacre
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