Posted on 09/15/2009 7:45:03 PM PDT by pissant
Me, too. The US Marshals need to protect him 24/7.
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 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 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 doesnt 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 its 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. In fact, without establishing whether or not the President elect is "qualified", Congress would not know whether or not to step in and name a temporary replacement as the Amendment requires. Certainly, this means that the proof of "qualifications" must be presented to Congress.
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.
We've gotten farther with him than anyone else. Besides, the Clintonistas would love to see Barry burn.
The administration insists there’s nothing to see behind the curtain, But they are damned set against allowing anyone to take a peek.
Could he try to use the fact that the first, what 5-6 presidents weren’t US citizens?
I put nothing past these scum.
Isn’t Judge Carter a Marine? He’s got a spine,depends on what the law allows.
Ok so where is the birth certificate??? The obvious answer is that a valid birth certificate would show that the current white house occupant was not born in the United States. The answer is because of the stupidity of the white voters (if I vote for a black this will prove that I an not a racist so I am better than you) and the black racisim of the black voters we have been taken in by a black racist/socialist commander in thief. God Help the USA
That’s EXACTLY why they provided a “grandfather clause” to make themselves eligible; they set everything up so that we wouldn’t have this problem... but that’s what we get for ignoring them.
They are probably right from a legal standpoint. The only remedy is impeachment IMO which would never happen with a dem congress. Doesn’t matter. The American people deserve the facts - whatever they are. I guarantee that if Obama were shown to be ineligible a large segment of the public would cause the dems major problems. Obama would likely survive but the dems would take a major hit. But damn the politics. We deserve the truth - whatever that is.
So Obama’s lawyers can go to hell with that reasoning.
For what it’s worth, I think Kreep’s response is correct: These are essentially questions of fact and questions of fact are more suitably addressed in a court of law.
Now what to do after the questions of fact have been answered, is another story that may be best handled by Congress, if it comes to that.
Personally, I can’t imagine any person once found to be ineligible to hold office of the Presidency of the United States in a court of law could seriously believe they could actually remain in office, or would have any moral authority to lead.
ex animo
davidfarrar
They are declaring a coup....and the penalty for this act is.....?
I did not know that - thanks for the info!
What, is he claiming some sort of double jeopardy relief? So what if all those in the chain screwed the pooch. Is he Constitutionally eligible or not? ANSWER THE QUESTION, Barry!
I guess the US Attorney never heard of checks and balances..lets see
Door #1 soap box
Door #2 ballot box
Door #3 Jury Box
Door #4 Ammo Box
So if they refuse to listen to the soap box and cheat at the ballot box, then if jury box is not available, that kinda reduces the options? As Forest Gump said, stupid is as stupid does.
http://en.wikipedia.org/wiki/Battle_of_Athens_(1946)
Isn't that what Michelle was suppose to have said in the AIP tape....?
That is the admission that Obama is NOT a natural born citizen.
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