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"if the President elect shall have failed to qualify”
3-21-09 | Uncle Sham

Posted on 03/21/2009 9:58:28 AM PDT by Uncle Sham

The twentieth Amendment to the U.S. Constitution contains what might be the key to unlocking the mystery of Barrack Obama’s long-form birth certificate. It reads as follows:

”1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

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.

4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.”

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. This is further enforced with the passage at the end of section three where it plainly states "until a President or Vice President shall have qualified." 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.


TOPICS: Constitution/Conservatism; Extended News; News/Current Events
KEYWORDS: barackobama; berg; bho2008; bho2009; bho44; birthcertificate; birthers; british; certifigate; citizenship; colb; conspiracytheories; constitution; coverup; democrats; democratscandals; donofrio; doublestandard; eligibility; hawaii; ineligible; kenya; naturalborn; naturalborncitizen; obama; obamanoncitizenissue; obamatruthfile; orly; orlytaitz; scotus; taitz; truthers
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To: jamese777
No they have NOT said that they have looked at the information on the face of Obama's original, long-form certificate, much less compared that to what a website has posted as purporting to be Obama's COLB.

What they said is that they have "seen" that the original birth certificate is on file.

You need to pay attention to exactly what they said and not add your own gloss on top of that.

From that link you posted:

Fukino said she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate.

"Therefore, I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures," Fukino said.

Fukino said that no state official, including Gov. Linda Lingle, ever instructed that Obama's certificate be handled differently from any other.

121 posted on 03/21/2009 2:29:46 PM PDT by SirJohnBarleycorn
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To: Uncle Sham
Not gonna replow this. It is moot since he is not the “President elect” anymore.
122 posted on 03/21/2009 2:32:04 PM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: mad_as_he$$
"It is moot since he is not the “President elect” anymore."

Unless, he "qualified", he isn't anything but a fraud. He certainly is not a LEGAL president.

123 posted on 03/21/2009 2:35:15 PM PDT by Uncle Sham
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To: Uncle Sham

Sounds good, think I’ll use this info in a letter versus email to my CongressCritters.


124 posted on 03/21/2009 2:37:04 PM PDT by HighlyOpinionated (The Constitution & Bill of Rights stand as a whole. Remove any part & nullify the whole.)
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To: Uncle Sham
We, the people are in charge, according to the constitution and we have a right to demand that it's rules are obeyed

Which we exercise in one of two ways:

1) Through our Representatives in Congress assembled. These Representatives voted 538-0, with Richard Cheney of Wyoming in the chair, to certify the election of Barack Obama. The Electoral Vote Counting Act designated this special Joint Session of Congress as the proper forum for challenges to the qualifications of electoral vote recipients, none were raised.

2) Through revolution.

This forum is not a venue for advocacy of #2, according to the owner. According to #1, Barack Hussein Dunham Obama Soetero is fully qualified as President, by the unanimous vote of the only body capable of acting on behalf of the People.

Where does that leave you?

125 posted on 03/21/2009 2:43:11 PM PDT by Jim Noble (They are willing to kill for socialism...but not to die for it.)
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To: Aroostok Republican
Well, the state of Hawaii confirmed that he is a citizen of Hawaii and that the information in his short form Certification of Live Birth is an accurate representation of his actual birth certificate, which they have on file.

You are not correct; you've been lied to.

126 posted on 03/21/2009 2:47:05 PM PDT by Red Steel
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To: Red Steel; Aroostok Republican

You cannot be a “citizen” of a US state. you are a resident.


127 posted on 03/21/2009 2:48:25 PM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: real_patriotic_american

or you are in a camp?


128 posted on 03/21/2009 2:49:11 PM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: narses
"Call the RNC and ask Chairman Steele (who is Catholic and pro-life)" and a babbling idiot.
129 posted on 03/21/2009 2:51:18 PM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: Jim Noble

I quoted U.S. code to you. Isn’t that good enough for you? Your “Electoral Vote Counting Act” doesn’t eliminate the requirement to qualify. Eliminating that would take an AMENDMENT to the constitution itself. No “act” is constitutional if it doesn’t uphold the constitution. This “act” of yours, by NOT REQUIRING that qualifications are indeed presented, but relies on the good faith of a representative to question it doesn’t uphold that which is written in the twentieth amendmend. This is in direct conflict with the language of the twentieth amendment thus it is not constitutional. Got any other worthless arguments?


130 posted on 03/21/2009 2:53:17 PM PDT by Uncle Sham
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To: Honcho Bongs
Your questions are thorough and thoughtful. Aroostook Republican is trolling Free Republic and will probably go back to Democratic Underground soon.

I bet it's better than 99% chance he's another BC troll.

131 posted on 03/21/2009 2:59:54 PM PDT by Red Steel
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To: Uncle Sham

I’m waiting for his answer.


132 posted on 03/21/2009 2:59:57 PM PDT by philetus (Keep doing what you always do and you'll keep getting what you always get.)
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To: philetus

I just noticed that my tag line is getting more relevant every year.


133 posted on 03/21/2009 3:02:06 PM PDT by philetus (Keep doing what you always do and you'll keep getting what you always get.)
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To: Aroostok Republican
You signed up today just to make statements that have no resemblance to the facts?
134 posted on 03/21/2009 3:23:25 PM PDT by granite
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Comment #135 Removed by Moderator

To: Aroostok Republican

I know you’re just doing your job at your local Acorn office. I just want to thank you for each time your comments bump this thread. It helps others see it. Thanks again.


136 posted on 03/21/2009 3:28:00 PM PDT by Uncle Sham
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To: Aroostok Republican

The state of Hawaii has never confirmed that the information on the images purported to be Obama’s COLB at “factcheck”.org or DailyKOS to be what is on file at the Hawaiian Department of Health.


137 posted on 03/21/2009 3:28:45 PM PDT by Red Steel
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To: JustaDumbBlonde
"Have you contacted any election official in Louisiana to determine how Barack Obama got on the ballot as a presidential candidate? Is it as simple as checking a box on a form that asks if you're a natural born citizen, or is there a process and qualifying paperwork required? "

Since he's technically not a "president elect" when he is running for office, I would spend my efforts on what is required of him by the Constitution rather than by anyone at a state level. This doesn't mean that we can't tighten the process to include this accountability to be placed on a ballot for president. In fact, it might be a voting rights violation if we, as voters, are not given candidates that are indeed "eligible or qualified" for the office they are seeking.

138 posted on 03/21/2009 3:56:43 PM PDT by Uncle Sham
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To: Uncle Sham

What is he Hiding and Why?


139 posted on 03/21/2009 4:29:30 PM PDT by Art in Idaho
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To: SirJohnBarleycorn

No they have NOT said that they have looked at the information on the face of Obama’s original, long-form certificate, much less compared that to what a website has posted as purporting to be Obama’s COLB.
What they said is that they have “seen” that the original birth certificate is on file.

You need to pay attention to exactly what they said and not add your own gloss on top of that.

From that link you posted:

Fukino said she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.

“Therefore, I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures,” Fukino said.

Fukino said that no state official, including Gov. Linda Lingle, ever instructed that Obama’s certificate be handled differently from any other.


My mistake. I should have posted a link to the NEWSPAPER article where Dr. Fukino is quoted as saying that she and Dr. Onaka had personally SEEN Obama’s long form certificate. Here is that link: http://www.starbulletin.com/news/hawaiinews/20081101_officials_verify_birth_certificate_of_obama.html

Both Dr. Fukino and Dr. Onaka were/are perfectly capable of holding another press conference, the very next day if they had so chosen, or asking for a retraction/correction in the local Honolulu newspapers if the media got their stated intentions wrong by saying that they had “verified” Obama’s birth certificate. Neither of them held another press conference or demanded a retraction or correction of the media interpretation of their statements.

Under Hawaii law what is printed on the state issued short form Certification of Live Birth must match word for word what is on the long form, vault copy, Certificate with regard to place of birth and date of birth. Those two pieces of information are the only Constitutionally mandated data relevant to proving Natural Born status.

Obama short form says that he was born at 7:24 P.M. on (Friday} August 4, 1961 in the City of Honolulu, in the County of Honolulu, on the Island of Oahu, in the state of Hawaii. That birth was registered with the state on Tuesday, August 8, 1961.

Either that document is valid or it is a forgery or fraudulent.

I am advocating that a CRIMINAL investigation be initiated for forgery or fraud before a Grand Jury with a subpoena for the original long form Certification to be compared to the short form.

In my humble opinion that is the most expeditious way to resolve the issue once and for all.


140 posted on 03/21/2009 4:33:46 PM PDT by jamese777
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