Posted on 05/21/2009 5:57:28 AM PDT by Uncle Sham
We the People have a serious problem facing us. We have an out of control government hell-bent on further enslaving us at breakneck speed. This government displays a piece of paper every now and then called the Constitution, mostly at election time in an effort to comfort us into thinking that somehow it is being obeyed. We know differently, don't we?
We have a person pretending to be President who has yet to prove to me or to anyone else for that matter that he is actually eligible to serve under the provisions of Article two of the Constitution. Our elected officials, as you will see below, are REQUIRED to ensure that he is in fact eligible. It is our job as citizens to put the heat on them (our elected officials) to do their primary job as defined in the Constituion, to "support it". We have the legal case to do this and 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 electshall 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.
Keep this train rolling! I’m sending this to my Senators and Rep. If they get enough of this they may actually “think” about doing something.
They get by with this because they think that they have us in a position of fear. Also, if you look around the country, 50% of the fools out there think that this is cute. Most of them do not work nor do they file taxes. But they get to vote. Until such time as you all gather and confront these elected fools, let me highlight that—CONFRONT—. Until such time as they believe that they are going to be held individually accountable in some way that makes them fear for their being, this is going to continue.
I dont know what it is going to take, but there are enough devious and legal minds here that someone should be able to come up with something. These elected fools have to be made to respect the people. Right now they think that they are your owners and managers. They think that once they get elected it empowers them to control you. We have allowed that to happen. Just look at the damn-fool bills and laws that have been introduced lately. Also look at how they have been able with devious means to spike bills such as Texas’ sovereignty bill. Why? Because it would take them off the public tit..........wasnt that the intent in the first place?
Folks have to make a decision whether they are going to stand up or whether they will remain sheeple. It all begins with catching these politicians when they come home and scaring the fool out of them.
Good threat. Pinging for later when I can read ALL of it!!!!!
Fighting Communism all over the globe for most of the 20th century seems in retrospect like a wasted effort now we have a Communist usurper as President.
Don't count on them thinking, it's legal pressure from us that we need to make them think about.
That's why it's up to us, the plain ordinary folks who've made this country what we all should be trying like hell to preserve. All those young men and women who DIED to help us keep our freedom are counting on us to fight the fight. Pressing legal charges against cowardly representatives is one way to begin. We are looking into how to do so here in our area. Start a movement to do the same in your area. We can and WILL win this.
In the meantime, spread the word.
Jim, this is one thing we can ALL start doing. If there are legal types who have ideas about how best to approach this, it would be of great benefit to this effort.
a ping for your valued input.
Congressman Billybob, You expressed skepticism at whether or not one of our representatives would stand up for the Constitution on this issue. What can We the People do to such a coward, legally, because of this refusal?
This is an excellent issue you have put together.
The first thing that needs to be done is to change the status quo. These idiots in the WH aren’t blind, they aren’t daft, they aren’t even stupid....they know exactly what they’re doing. They are stomping on the Constitution because they have the power to do it. They don’t care about values, principles, and the like. I’ll guarantee that half of them don’t even give a crapt about our country. All they care about is enriching themselves, and making sure they get voted back in. This comes from all the money, greed, and corruption that each of them has their fingers in. So, who in power is around to stop them?
Your read is excellent in that yes, everyone should keep sending this to officials that might change their minds & do something. Keep sending it over & over, like 3-4 times, if not more, a day. Right now might be the best time, because there are little divisions going on right now everywhere in the house, and in the same party.
Another thing, equally important, is to expose the corrupt corporations that are giving members in the WH their power. I’ve recently heard that the FBI is more than happy to go after subsidiaries of ACORN. (Just tonight it was said that Theresa Heinz Kerry has contributed over 8 million dollars to Tides...a subsidiary of ACORN). I think we are going to find that a lot of our politicians got their hands in this somewhere.
Oath of Office Law Information
From the Link:
Federal law regulating oath of office by government officials is divided into four parts along with an executive order which further defines the law for purposes of enforcement. 5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office. 5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government (including members of Congress) to “ advocate the overthrow of our constitutional form of government”. The fourth federal law, 18 U.S.C. 1918 provides penalties for violation of oath office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine. Alright, this is a start.
Continuing from my last post, I believe we can change the status quo in 2010. It’s obvious that even with legal help, the higher courts aren’t going for it. Changing the bodies, and then going after them is what I suggest. I just pray we can hold out that long.
Expose BillyBob for what he is. Expose all of them. We need to get the word out so the vote brings the change we need.
The eligibility case I've outlined above will work. I'm quite sure that there are hundreds more to find and go after. Thanks for the help!
Us against them and all that jazz.
Its on, and the political class is facing a culling.
I suggest 2010 because I haven’t been able to find any attorneys here, in Michigan, who think my case is valid. I have quoted areas of the Constitution that we all know have been violated, but I’m told that it isn’t enough to prove wrong doing.
We have a gov here who is in bed with everyone, I even hear she might be looking to win the house next election. The WH @ssholes got their hands in our car companies here and God knows what else.
If you can find legal help in your state, please ping me & I will get a hold of your legal people, and ask them if they can recommend anyone to us here in Michigan. Surely these attorneys will know others like them.
Like I said, these were Const. Attorneys, or so they say. It was like I was talking to a wall. I even went as far as approaching a law professor at the University I attend, to see if they would consider taking this on....no go!
So let us all know what legal institution or firm you get in with, and maybe they can direct us in who to talk to in our states.
The founding fathers put us in charge of our government. It's time we stand up and claim ownership. Everyone reading this should be looking into all legal options for getting rid of their representatives who are OPENLY defying the Constitution. You can't win a war with evil if you refuse to fight.
“5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government (including members of Congress) to **ADVOCATE** the overthrow of our constitutional form of government”(EMPHASES MINE)
The problem is that, at face, — unless we can prove otherwise — their culpability appears to be ‘tacit’ rather than ‘actively’ participating to overthrow or subvert the constitution.
It’s an ‘act’ of omission analogous to a policeman ‘looking the other way’ when a crime is being committed and, therefore, hard to prove.
In short: a ‘conspiracy’ of silence.
We need hard EVIDENCE from someone ‘high up’ who would be willing to ‘rat out’ the party or parties directly involved ... EVIDENCE that would prove that government officials in Congress WILLFULLY — and ACTIVELY — violated their oaths of office.
There MUST be a ‘deep throat’, somewhere, willing to help.
Did somebody mention the FBI?
http://www.washingtonpost.com/wp-dyn/content/article/2005/05/31/AR2005053100655.html
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I have an answer for you. It’s in the Constitution and I’ll post it a little later tonight. Read that document. We have multiple attack points from which to press legal cases.
This is not what we are facing here. What we are facing is telling a policeman, with a camera rolling as we do so, that his job is to prevent crime and in fact over there in that building we think we just saw a burglar entering the back window of the bank, then he ignores us.
I'm working on another angle of attack as well as this one, all from a Constitutional perspective. Stay tuned.
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