Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Uncle Sham
I posted this a while back...

It's obvious by his legal actions and those of Speaker of the House Pelosi that 1) there is indeed something to hide, and 2) it's not going to be made public under any circumstances. Time to try a different tack.

Perhaps the focus should shift to the underlying constitutional requirement, simply stated in Article II, Section 1: A presidential candidate must be a natural born citizen of the United States; must be at least 35 years of age; and must be a resident of the United States for fourteen years.

I'd suggest that there is a "choke point" for defining and verifying that any candidate, and specifically Barack Obama, must pass to ensure compliance with the "natural born" constitutional requirement. And that choke point is in Tallahassee, Florida, at the Secretary of State's office.

Under the Florida Department of State, the Division of Elections must qualify all federal candidates before they can appear on a ballot. The process is currently not much more than a rubber-stamp approval[1], but can be readily changed to become a bit more challenging to folks who might, ahem, have something to hide.

In Florida, a presidential candidate must affirm a Federal Office Loyalty Oath that states, "I am qualified under the Constitution and the Laws of Florida to hold the office to which I desire to be nominated or elected."[2]

Please note the key phrase "and the Laws of Florida". To appear on the ballot in Florida, the candidate must be qualified under any and all applicable state laws. So to clear up all this confusion about what a "natural born citizen" is, the Florida Legislature could: 1) Require that the candidate be a "natural born citizen" as stated in the Constitution; 2) Define what constitutes a "natural born citizen" under Florida law; and lastly, 3) Define what constitutes proof of such natural born citizenship. (Remember, these would be state laws, applicable only to an individual state's election processes. A presidential election is still comprised of 50 unique state elections. The Feds would (in theory) not be involved.)

And why Florida? Well, Florida currently has a special status. It went Democrat in 2008, sending Barack Obama to the White House. Winning a presidential election without Florida is virtually impossible. And Florida currently has a Republican Legislature and Governorship, the only probable conditions under which state election laws could be changed to enforce the "natural born citizen" requirements. (A few other states, including Texas, Georgia, North Dakota, South Carolina, and Utah have Republican control, but went Republican in 2008 election, so do not have that "must win" choke point status that Florida enjoys.)

In short, to win a second term Obama has to appear on the ballot in Florida in 2012, and Florida could determine, under their own state laws, what is required to appear on their ballot. So, how about it Florida? Here's your chance to gain the spotlight one more time, and to restore the inviolability of the Constitution of the United States of America.

My thoughts anyway. Worth every penny you paid for them!!

References:
[1] Page 2, Federal Qualifying Handbook, which has as its introduction, ironically, Article II Section 1 ("...natural born citizen...") as its introductory text.

[2] Federal Office Loyalty Oath, Form DS-DE 18A, President and Vice President Candidate Petition

46 posted on 10/30/2009 6:26:53 PM PDT by frankenMonkey ("Natural Born Citizen" - US Constitution, 1787; "Words have meaning" - Barack Obama, 2009)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: frankenMonkey

Very well thought out.


74 posted on 11/06/2009 10:41:46 AM PST by DontTreadOnMe2009 (So stop treading on me already!)
[ Post Reply | Private Reply | To 46 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson