Dr. Orly Taitz, Esq. On G. Gordan Liddy Show

Radio America ^ | 3/23/2008 | rxsid

[Uncle Sham]

"Constitutionally, I think its a dead issue"

Actually, we do not have a president according to the twentieth amendment.

Constitution DEMANDS Qualification by President Elect

[deport]

Constitution DEMANDS Qualification by President Elect

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There in lies part of the problem as I see it. It may demand qualifications but no state or the Feds have set up guidelines/laws/protocol for establishing the demanded guidelines such as what must be provided, to whom, when, where, etc..

[Uncle Sham]

Did you read the argument in the link? This is also in the U.S. Code. The current procedure which forces a congressperson to “object” is actually unconstitutional if you study what the twentieth amendment says. I would suggest that those “in line” to succeed the President if he “fails to qualify” MUST be presented with evidence that he is indeed “qualified”.

[deport]

Then to whom, when, etc is the info by the candidate supposed to be given/shown? No I didn’t read the entire thread if that is your question.

[Churchillspirit]

Good analysis.

[Uncle Sham]

I would say that the current process being used to "challenge" is unconstitutional. The twentieth amendment places the burden of proving qualifications on the President elect, not on a congressman having to raise his hand to object. I would say that anyone who has taken an oath to protect, preserve, and defend the constitution against all enemies, foreign and domestic have the right, in fact they are duty-bound to demand that qualification be verified. At any time they feel like it. Their demand would be on behalf of the constitution itself.

Article six in the constitution clearly gives them their instructions as to constitutional issues.

" 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.

[OldCorps]

Just one question Gman:

How can a woman be a squire?

[Uncle Sham]

Here’s 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” 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.

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.

[deport]

We’ll see. Hope you are correct but at this stage no one seems to be buying and definetly not undertaking your stance. Until that happens it matters not what one concludes. Actions have to occur and so far nothing seems to be happening.

Have a nice day.

[wideminded]

I live right up the freeway from Dr. Taitz and sent her an email volunteering to help out in any way.

I don't she she helped her case by ambushing two Supreme Court justices. Maybe the best help she could get would be to have the case taken over by someone who has real experience presenting successful appellate cases, preferably before the Supreme Court.

[Uncle Sham]

One other thing I'd like to add is that if you read the oath from Article six, anyone who is listed has the "standing" to demand qualifications be presented. To deny them the standing to do this denies them their ability to uphold their oath to the Constitution. It FORCES them to commit treason.

"” 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;"