Posted on 08/01/2009 6:37:32 PM PDT by djf
First, let me say a very big THANK YOU!!! to Uncle Sham, who made what I consider a major catch about the whole certifigate deal.
His original post is here:
http://www.freerepublic.com/focus/news/2306118/posts?page=156#156
I will quote the relevant parts and then try to do some analysis.
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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.”
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Now. Lets read the capitalized piece and see what it says...
"...if the PRESIDENT ELECT has failed to qualify..."
Note it does not say if "the registrar in Hawaii" or say "the speaker of the house..." or "the tooth fairy". It specifically says it is the responsibility of THE PRESIDENT ELECT to qualify.
Now it doesn't say specifically what this "qualify" business is. But we all know the requirements for eligibility to be president. And if we ask any detailed questions about those eligibility requirements, and he refuses or is unable to answer them to our satisfaction, then legally he has "failed to qualify"!
One of the requirements is to be at least 35 years old. Now for those of us over 35, I would think 99.9 percent would be able to name a childhood friend who could go on a stand and testify we are over 35. A babysitter. An aunt or uncle. Somebody. Somebody who's testimony would satisfy a reasonable inquiry.
Now I'm not suggesting Obama is under 35. But DO WE HAVE ANY PROOF?? Other than some piece of paper in Hawaii who's authenticity is questionable?
No. We have no proof. In that respect, he has "failed to qualify"!
Was he born in Hawaii?
If so, why is there not A SINGLE PERSON who will come forth and testify to it? A doctor, a nurse, hell, the janitor that cleaned the room after he was born. Somebody!
So that's my basic take on the issue. The burden is on him, and he has failed in multiple respects to satisfy that burden.
And the Twentieth Amendment to the Constitution makes it crystal clear what happens in that case, and that makes Joe Biden the President of the United States.
I'm gonna add just another little teaser to the mix. Not sure exactly what this means.
Anybody remember when O-man took the oath and kept messing it up? And the result was that we were told that the Chief Justice met with him later and administered the oath in private? What's up with that? Is that a piece of all this?
Stranger things have happened, folks!
Pinging you to this!!
Actually, Joe Biden would be President until the House selected from the at most two QUALIFIED candidates who received the most electoral votes. There is precisely one such candidate, Juan McLame.
This struck me odd at the time and I have not forgotten it either.
Actually, if Obama ever got kicked out of the White House, what would be perfect is to have Sarah Palin in the White House and McCain can be her Vice President. We all know he belonged on the bottom of the ticket
Legally speaking, the problem this analysis is going to run into is not with the word “qualify” — it is with the term “President-Elect”. Barack Obama is no longer the “President-Elect”. The window for this particular Constitutional challenge may have closed.
SnakeDoc
McClain was not “qualified” either. He was not born under United States jurisdiction, but off base in Panama.
Obama: Epic Qualify Fail.
You newbies and your vanities! ;->
1 — the panama canal zone was US soil at the time. so it’s not even an issue.
2 — regardless, he was born to american citizens, making him a natural born american citizen regardless.
Well then, impeach every dang member of the Senate for not doing their job to verify he is qualified.
It just hit me when I read your post, then the SENATE IS RESPONSIBLE. They did not perform their duty to make sure the President-Elect was qualified. People who were arguing about this before the election, before the ignauration, etc... were mocked.
The Senate will never let this go anywhere because they know performed (or did NOT perform) an impeachable offense. If not criminal if they knew it and did nothing.
If he never “qualified”, the Constitution says he can never be President. He can call himself whatever he wants, and his enablers can act like the Constitution doesn’t exist but it does. We currently have a vacancy at the office of President “if” Obama hasn’t proven that he meets eligibility standards to Congress.
If he is in fact not Constitutionally qualified, he was never presdient elect because the ‘president’ elect or sworn in must meet Constitutional eligibility. ‘Fails to qualify’ can be read as meaning ‘fails to still have the mental faculties to act that he had when elected’ don’tchaknow.
HAHA!
(Drink)
It’s so simple as to be elegant!
Good idea! It’s Maragarita time!
If he failed to qualify as president elect, and then came along with a “the dog ate my homework” excuse and THEN gave evidence that was sufficient, I can’t speak for anyone else, but for me, myself, and I, that would be sufficient.
But none of that is forthcoming. He did, as president elect, “fail to qualify”.
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