Article I, Section 8 gives Congress the authority to make laws necessary for executing Constitutional powers. One of those laws says that in carrying out the 12th Amendment (which you cited) the VP has to ask if there are any objections to the electoral vote count. Dick Cheney never did that. The law for certifying the winner of the electoral vote was not fulfilled. Without that step being lawfully done, nobody CAN be lawfully inaugurated.
Obama can no more be the Commander-in-Chief right now than I can. I have as many *legal* qualifications as he does at this point, PLUS I have a legally-valid birth certificate to prove my age, parentage, and place of birth. The only legally-valid BC Obama has is from some place besides Hawaii, because his Hawaii BC is not legally valid; it’s been amended and almost certainly was also late - both things disqualifying it from being legally probative.
IOW, we know that he has not been lawfully certified as the electoral winner, and we know that he has not been lawfully certified as eligible for the office of POTUS. The entire legal procedure has been evaded.
Is that problematic for you?
“One of those laws says that in carrying out the 12th Amendment (which you cited) the VP has to ask if there are any objections to the electoral vote count. Dick Cheney never did that. “
The objections must be made in writing. Having received no written objection, Cheney didn’t NEED to call for verbal ones...but are you suggesting someone HAD an objection, and couldn’t make it? Or that Congress doesn’t know what they meant in their law, or have the authority to change their own procedures?
“Since the mid-20th century, on January 6 at 1:00 pm before a Joint Session of Congress, the Vice President opens the votes from each state in alphabetical order.5 He passes the votes to four tellers—two from the House and two from the Senate—who announce the results. House tellers include one Representative from each party and are appointed by the Speaker. At the end of the count, the Vice President then declares the name of the next President.6
During the Joint Session, Members of Congress may object to individual electoral votes or to state returns as a whole. An objection must be declared in writing and signed by one Representative and one Senator. In the case of an objection, the Joint Session recesses and each chamber considers the objection separately in a session which cannot last more than two hours with each Member speaking for no more than five minutes. After each house votes on whether or not to accept the objection, the Joint Session reconvenes and both chambers disclose their decisions. If they agree to the objection, the votes in question are not counted. If either chamber does not agree with the objection, the votes are counted.7”
http://clerk.house.gov/art_history/house_history/electoral.html
Also see
http://www.foxnews.com/story/0,2933,143510,00.html
If you watch this all the way through, and read the transcript below, the differences in the procedure of the two electoral vote certifications of these elections is clear.
___________________________________________________________
http://www.youtube.com/watch?v=OQrs_5KOIRc
Though the complete text is muffled in the video,
here’s the transcript, point being that Gore did
follow the prescribed Constitutional procedure and
called for objections. For whatever godknowswhatreason,
VP Cheney did not:
REP. CHAKA FATTAH, (D) Pennsylvania: This is the one we have all been waiting for. Mr. President, the certificate of the electoral vote of the state of Florida seems to be regular in form and authentic, and it appears therefrom that George W. Bush of the state of Texas received 25 votes for President, and Dick Cheney of the state of Wyoming received 25 votes for Vice President.
VICE PRESIDENT AL GORE: Is there an objection?
KWAME HOLMAN: There was, from Florida Congressman Alcyee Hastings.
VICE PRESIDENT AL GORE: Is the gentleman’s objection in writing, and signed by a member of the House of Representatives and by a Senator?
REP. ALCEE HASTINGS, (D) Florida: Mr. President— and I take great pride in calling you that— I must object because of the overwhelming evidence of official misconduct, deliberate fraud, and an attempt to suppress voter turnout.
VICE PRESIDENT AL GORE: (pounding gavel) The chair must remind members that under section 18, title iii, United States code, no debate is allowed in the joint session.
REP. ALCEE HASTINGS: Thank you, Mr. President. To answer your question, Mr. President, the objection is in writing, signed by a number of members of the House of Representatives, but not by a member of the Senate. Thank you, Mr. President.
KWAME HOLMAN: But that didn’t stop 13 other Democrats, primarily members of the Congressional Black Caucus, from stating similar objections.
VICE PRESIDENT AL GORE: Is the point of order in writing, and signed by a member of the House of Representatives and a Senator?
REP. CORRINE BROWN, (D) Florida: Mr. President, it is in writing and signed by several House colleagues on behalf of— and myself— the 27,000 voters of Duval County, of which 16,000 of them are African Americans that were disenfranchised in this last election.
VICE PRESIDENT AL GORE: The gentlewoman will suspend.
KWAME HOLMAN: The parade of objections lasted 20 minutes.
REP. MAXINE WATERS, (D) California: Mr. Vice President, I rise to object to the fraudulent 25 Florida electoral votes.
VICE PRESIDENT AL GORE: Is the objection in writing, and signed by a member of the House and a Senator?
REP. MAXINE WATERS: The objection is in writing, and I do not care that it is not signed by a member of the Senate. (Applause)
VICE PRESIDENT AL GORE: The chair will advise that the rules do care, and the signature of a Senator … (Laughter and applause)
KWAME HOLMAN: Through it all, the Vice President tried to remain businesslike, but he couldn’t ignore the irony of the situation in which he found himself.
REP. JESSE JACKSON, JR., (D) Illinois: And it is a sad day in America, Mr. President, when we cannot find a Senator to sign these objections. New Democratic Senators will not sign the objection, Mr. President. I object.
VICE PRESIDENT AL GORE: The gentleman will suspend. The chair thanks the gentleman from Illinois, but — hey — on the basis previously stated, the objection is not in order.
KWAME HOLMAN: Finally, Congressman Hastings stood one last time to inform the Vice President his supporters had done all they could.
VICE PRESIDENT AL GORE: (Laughs) The chair thanks the gentleman from Florida. (Laughter)
KWAME HOLMAN: With that, members of the Congressional Black Caucus quietly left the chamber. The vote tallying continued, and George W. Bush was certified as the President-elect without further interruption.
http://www.pbs.org/newshour/bb/congress/jan-june01/certified_01-08.html
______________________________________________
http://www.archives.gov/federal-register/electoral-college/procedural_guide.html
“*snip*
The Congress is scheduled to meet in joint session in the House of Representatives on January 6, 2009 to conduct the official tally of electoral votes.
The Vice President, as President of the Senate, is the presiding officer. Two tellers are appointed to open, present and record the votes of the States in alphabetical order.
The President of the Senate announces the results of the vote and declares which persons, if any, have been elected President and Vice President of the United States. The results are entered into the official journals of the House and Senate.
***The President of the Senate then calls for objections to be made.
(...also referenced by Cornell University Law School,
http://www.law.cornell.edu/uscode/3/15.shtml ... “Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received.”
and likely all authorities and credible educational institutions who reference historical fact.)
If any objections are registered, they must be submitted in writing and be signed by at least one member of the House and Senate. The House and Senate would withdraw to their respective chambers to consider the merits of any objections according the procedure set out under 3 U.S.C. section 15.”