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Congress is Responsible For the Eligibility Fiasco
self | Uncle Sham

Posted on 02/12/2011 8:34:33 AM PST by Uncle Sham

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To: Uncle Sham

I believe that Pelosi satisfied the necessary Congressional requirement - although this might have been done fraudulently.


41 posted on 02/12/2011 1:31:58 PM PST by expatpat
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To: Uncle Sham

I’ve been saying all along that congress should be taken down along with the usurper and Pelosi. Combine that with the Supremes ‘evading’ it and what have you got? Not the nation created by our forefathers, that’s for sure.


42 posted on 02/12/2011 1:36:59 PM PST by bgill (Kenyan Parliament - how could a man born in Kenya who is not even a native American become the POTUS)
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To: kindred; Uncle Sham

Perhaps a mass mailing of this to every congresscritter, even the new kids on the block, would be in order. Someone needs to buck up and do their duty to the US, it’s constitution, and it’s citizens.


43 posted on 02/12/2011 1:40:21 PM PST by bgill (Kenyan Parliament - how could a man born in Kenya who is not even a native American become the POTUS)
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To: Fred Nerks

That N was another “suspcion” to me....why a do over is the question.


44 posted on 02/12/2011 1:52:03 PM PST by imfrmdixie (I don't believe in a government that protects us from ourselves. Ronald Reagan)
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To: Uncle Sham

“By far the most frequently asked question in America since August 28, 2008, the closing day of the 2008 Democratic National Convention, is this: “Does Barack Hussein Obama meet the constitutional qualifications to serve as President of the United States?” With every reason to believe that he does not, the second most-asked question has been, “How could every single member of Congress… all 535 of them… fail in their constitutional obligation to properly vet Obama’s qualifications before certifying the vote of the 2008 Electoral College?” http://nobarack08.wordpress.com/2010/12/16/the-congressional-research-office-agrees/

Remember, it was Cheney who failed to ask for objection or question of the electoral vote as required by the US Code of Federal Regulations. See at the 27 minute mark. http://www.youtube.com/watch?v=BcGt8hQZzg4&feature=related

I can’t seem to find the US Code of Federal Regulations section number that requires the question. Anyone have it? It should be at http://www.gpoaccess.gov/cfr/index.html but the search window won’t pull it up.


45 posted on 02/12/2011 2:23:43 PM PST by bgill (Kenyan Parliament - how could a man born in Kenya who is not even a native American become the POTUS)
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To: imfrmdixie

A third grader has better penmanship than that.


46 posted on 02/12/2011 2:26:11 PM PST by bgill (Kenyan Parliament - how could a man born in Kenya who is not even a native American become the POTUS)
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To: imfrmdixie

That N was another “suspcion” to me....why a do over is the question.


Warrants an investigation, don’t you think?


47 posted on 02/12/2011 2:31:01 PM PST by Hotlanta Mike (TeaNami)
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To: David
To get an elected candidate, you need to get an individual who is on the list of having received the most votes. In the case of 2008, that question is pretty simple--the only other person who got votes is John McCain and he isn't eligible to hold the office either (for the reason that he was born in Colon Panama which is not now and never has been a part of the Untied States).

McLame was ineligible from day one and the GOP knew it. The RATS knew it. Everyone knew it - just as they knew Hussein is/was/and always will be ineligible. That's just one more point of proof showing to what lengths the GOP went to to throw the election in order to distance themselves from the economic disaster that was looming.

There is another course. Presidents and VPs are elected on the same ticket. If one party is determined ineligible, then that voids the entire ticket. If the elector submits in ineligible vote, then he wasted it. They, imo, have no other option than to go back to the general election to see what "eligible" ticket recieved the most votes. The ticket recieving the most votes after McCain/Palin was Nader/Gonzales but iirc, Gonzales doesn't meet the NBC (two US citizen parents) requirement. Next down the list was Barr/Root.

Smells like Barr should have standing in an eligibility case.

48 posted on 02/12/2011 2:49:29 PM PST by bgill (Kenyan Parliament - how could a man born in Kenya who is not even a native American become the POTUS)
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To: bgill

received!


49 posted on 02/12/2011 2:51:39 PM PST by bgill (Kenyan Parliament - how could a man born in Kenya who is not even a native American become the POTUS)
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To: bgill

McLame was ineligible from day one and the GOP knew it. The RATS knew it. Everyone knew it - just as they knew Hussein is/was/and always will be ineligible. That’s just one more point of proof showing to what lengths the GOP went to to throw the election in order to distance themselves from the economic disaster that was looming.

There is another course. Presidents and VPs are elected on the same ticket. If one party is determined ineligible, then that voids the entire ticket. If the elector submits in ineligible vote, then he wasted it. They, imo, have no other option than to go back to the general election to see what “eligible” ticket recieved the most votes. The ticket recieving the most votes after McCain/Palin was Nader/Gonzales but iirc, Gonzales doesn’t meet the NBC (two US citizen parents) requirement. Next down the list was Barr/Root.

Smells like Barr should have standing in an eligibility case.


You can’t get elected president without receiving a majority of the votes of the Electoral College. Read the Twelfth Amendment, particularly the three words “...shall be President.”
Vice President Cheney counted and certified the votes of the Electoral College without objection from even one of the 535 members of Congress, therefore those three words kick in.


50 posted on 02/12/2011 3:12:08 PM PST by jamese777
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To: jamese777
Vice President Cheney counted and certified the votes of the Electoral College without objection from even one of the 535 members of Congress, therefore those three words kick in.

Except he failed to ask for objections. That was the final rule that wasn't followed. The fix was in.

51 posted on 02/12/2011 3:15:05 PM PST by bgill (Kenyan Parliament - how could a man born in Kenya who is not even a native American become the POTUS)
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To: bgill

Except he failed to ask for objections. That was the final rule that wasn’t followed. The fix was in.


Objections had to be submitted in writing by at least one Senator and one Representative. Since no written objections had been received, calling for objections was moot.
Furthermore, under the rules of both Houses of Congress, any member can call for a point of order which immediately suspends business as usual if they feel a rule has been broken. No one called for a point of order, normal business continues.


52 posted on 02/12/2011 3:23:27 PM PST by jamese777
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To: jamese777

Please site the rule.


53 posted on 02/12/2011 3:25:25 PM PST by bgill (Kenyan Parliament - how could a man born in Kenya who is not even a native American become the POTUS)
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To: bgill

Please site the rule.


http://www.archives.gov/federal-register/electoral-college/provisions.html#law
See Section 15 (please note the words “if any.”)

http://www.senate.gov/reference/glossary_term/point_of_order.htm

http://democrats.rules.house.gov/archives/house_po.htm


54 posted on 02/12/2011 3:42:55 PM PST by jamese777
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To: bgill
There is another course. Presidents and VPs are elected on the same ticket. If one party is determined ineligible, then that voids the entire ticket. If the elector submits in ineligible vote, then he wasted it. They, imo, have no other option than to go back to the general election to see what "eligible" ticket recieved the most votes. The ticket recieving the most votes after McCain/Palin was Nader/Gonzales but iirc, Gonzales doesn't meet the NBC (two US citizen parents) requirement. Next down the list was Barr/Root.

The votes that count under the twelfth amendment are those that come from the votes that are "transmitted and sealed" to the Congress which are votes of the designated electors. No one got "votes" as defined for President except John and Zero.

There is not authority for the proposition that a vote for an ineligible person voids the ballot and I tend to think that the Court would laugh at that argument--it isn't going to come down that way. That argument doesn't make any sense.

As to the "two parent argument", that is just another variation of the Vattel argument which has been eliminated by adoption of the 14th Amendment. I never heard of Gonzales; he didn't get any electoral votes; but if he had; and if he was born in the USA; he wins.

55 posted on 02/12/2011 6:28:18 PM PST by David (...)
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To: Uncle Sham

Equating the word “qualified” in the 20th Amendment, with the word “eligible” in Article II, section 1. This is a mistake. jbjd (whose posting privileges were suspended on FR is not able to personally correct the fiction Uncle Sham has posted there, disguised as fact)wrote about this fallacy some time back, in

http://jbjd.org/2010/12/31/qualified-%e2%89%a0-eligible/


56 posted on 02/12/2011 6:32:40 PM PST by Hotlanta Mike (TeaNami)
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To: jamese777
A federal judge who ruled on an Obama eligibility lawsuit sees it differently: “There very well may be a legitimate role for the judiciary to interpret whether the natural born citizen requirement has been satisfied in the case of a presidential candidate who has not already won the election and taken office. However, on the day that President Obama took the Presidential Oath and was sworn in, he became the President of the United States. Any removal of him from the presidency must be accomplished through the Constitution’s mechanisms for the removal of a President, either through impeachment or the succession process set forth in the Twenty-fifth Amendment. Plaintiffs attempt to subvert this grant of power to Congress by convincing the Court that it should disregard the constitutional procedures in place for the removal of a sitting president. The process for removal of a sitting president—removal for any reason—is within the purview of Congress, not the Courts.—U.S. District Court Judge David O. Carter, Barnett et. al. v Obama, et. al., 10/29/09

I have heard that argument and I do not give it any weight. It is much like the argument in the opinion to the Republican's by the Harvard law professor and the hired lawyer that McCain was eligible.

The Carter opinion was written by a Perkins clerk on leave to work as a clerk for Carter for the purpose of massaging the result in the Carter case which Baer viewed as a real threat. It is just more self serving argument which isn't going to go anywhere in the real world if this ever gets to issue before the Supreme Court.

57 posted on 02/12/2011 6:33:20 PM PST by David (...)
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To: DrC

I do have some knowledge of handwriting , the left one appears to be wrote by a left-handed person. the right one was wrote by a right handed person. I best guess is that the “certification” document was not signed by Pelosi.


58 posted on 02/12/2011 7:00:25 PM PST by omegadawn (qualified)
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To: imfrmdixie

as far as the N issue goes , it is common when someone is attempting to write another person’s name to end up with what you call a”do over” . The person should have practiced more to make it not so apparent!!


59 posted on 02/12/2011 7:06:37 PM PST by omegadawn (qualified)
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To: David; bushpilot1; rxsid; Red Steel

I admit (and it’s obvious) that I am no lawyer. But after reading some of the valiant research by various freepers including but not limited to bushpilot1, rxsid, Red Steel (and others) it is clear to me that the founders entirely intended Natural Born Citizen to mean someone born on US soil from parents who were citizens.

Why are you so quick to dismiss the two parents?


60 posted on 02/12/2011 7:14:09 PM PST by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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