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To: Red Steel
Cheney failed to call for objections to Obama's presidency as prescribed by law. 

In its motion to dismiss, the  defense argued that the "The Constitution’s commitment to the Electoral College of the responsibility to select the President includes the authority to decide whether a presidential candidate is qualified for office because the examination of a candidate’s qualifications is an integral component of the electors’ decision-making process."

We know, though, in practice, the electors are political hacks appointed as electors by their party in reward for their support. Theirs has become, in practice, a ceremonial role (and some of  them might not even be alive, as was the case with one in California).

If you look at Kreef's argument in opposition to the defendant's motion to dismiss,  Cheney's oversight becomes insignificant.

...the Electoral College is not empowered with the authority to determine the eligibility of any candidate. As discussed above, in twenty-six States and the District of Columbia, Presidential Electors are prohibited by statute from voting in variance with their pledges, or, if they do, they face civil or criminal penalties and fines. The act of determining eligibility is one that requires discretionary authority, so that a candidate found to be ineligible may be removed. However, any discretionary authority of the majority of the State’s Presidential Electors has been removed by statute, and the Presidential Electors, instead, perform a ministerial function of casting their votes in accordance with the popular vote of the State that each Elector represents. The assertion of Defendants that the Electoral College has the authority to make any determination of a Presidential candidate’s qualifications is unpersuasive because, while the historical intent of the of the Electoral College was to make such determinations, the modern majority trend of the States is to limit the duties of the Electors to the ministerial role of casting a vote for the candidate chosen by the popular vote of their respective States.

Further, other than a Concurring Opinion, Defendants offer no modern precedent for the claimed power of the Electoral College. Thus, the Electoral College lacks the authority to make a determination of a candidates eligibility, and the Court should deny these grounds for dismissal.


183 posted on 09/23/2009 8:58:42 AM PDT by browardchad
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To: browardchad
(Citing Kreep's Opposition Motion)
...As discussed above, in twenty-six States and the District of Columbia, Presidential Electors are prohibited by statute from voting in variance with their pledges, or, if they do, they face civil or criminal penalties and fines. The act of determining eligibility is one that requires discretionary authority, so that a candidate found to be ineligible may be removed. However, any discretionary authority of the majority of the State’s Presidential Electors has been removed by statute, and the Presidential Electors, instead, perform a ministerial function of casting their votes in accordance with the popular vote of the State that each Elector represents. ...
Yes! This is c-r-a-z-y, and is why regardless of what happens with these cases, the focus should be on changing the laws in individual States.

The Electoral College is constitutionally empowered to make such decisions, but half of the States have voluntarily elected to strip their electors of this constitutional power/right. Those laws should be changed.

Similarly, because States retain the power to determine how federal elections are run (within the boundaries of the 14th Amendment), States have the power to require proof of eligibility, but have voluntarily elected to ignore this power. In practical terms, if only one single State changed their rules in this regard, then the entire country would benefit from it, because in order to get on the ballot in that one state, all candidates would have to provide sufficient proof of eligibility. However, I believe that all States should exercise their right (and power) to require proof of eligibility by requiring submission of an original, certified birth certificate that is accepted by the US State Department as proof of US citizenship and age (or, other authenticated documentation acceptable to the US State Department as proof of US citizenship and age).
185 posted on 09/23/2009 9:19:38 AM PDT by Sibre Fan
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