Tuesday, October 28, 2008

The Unqualified President

As all of my readers know I have been pretty obsessed with the issue of Barak Obama's question of citizenship as it pertains to his eligibility to be POTUS under Article II of our constitution. As I follow the many lawsuits that have been filed and rejected there emerged a common thread. Berg vs Obama in Philadelphia for instance was rejected for lack of standing and understanding the law in this case the judge is correct. (Berg has appealed to the SCOTUS) Other suits filed against the various secretaries of state have had similar results.

So I did some research and, shame on me for not knowing this, on November 4th we do not vote for a candidate. We are electing "electors" that will in tern certify the results in the electoral college. So these law suits don't have merit because they are all based on the "candidate" and it is not a states responsibility to qualify a candidate. That is supposed to happen through the political party that nominates the candidate.

So what happens if that party is neglect in vetting it's nominees? Article II of our constitution is clear as to who can become POTUS and it clearly seems that Barak Obama does not meet the requirements. At least not that he has shown and the evidence supporting otherwise is almost overwhelming. So I took a look at the constitution and read how the electoral college works and I submit the following.

This is from Article II of the constitution for reference.(Pertinent verbiage only)

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.

Now we look at how the electoral college works. The following is excerpted from here.


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. 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.

Now here is where it gets a little wobbly. The following section is a bit long so I will note post it here but to boil it down the process allows for objections as stated above but in section 15 only described procedure for objections to the votes cast.


But in section 17 it states;

Same; limit of debate in each house

§ 17. When the two Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter, each Senator and Representative may speak to such objection or question five minutes, and not more than once; but after such debate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate.

And then in section 19 is where we see the word qualify.

Vacancy in offices of both president and vice president; officers eligible to act

§ 19. (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.

So if Barak Obama gets the required number of electoral votes and he has still not proven his eligibility under Article II as stated above then I believe Sen. Joe Biden becomes POTUS by virtue of having enough electoral votes to become Vice President. Remember the electors vote for both the President and Vice President on separate ballots. So being qualified to be Vice President one would assume based on § 19. (a) (1) he would become President. His first act as President? He would nominate a Vice President. I think that would be Hillary.

That is the law as I see it. Now will this happen? I think that our representatives and senators who are sworn to uphold the constitution from all enemies, both foreign and domestic, have the duty to make sure that a president elect is eligible.

The sad part of all this is that it could of been avoided. There will be great public unrest and riots that will sweep over this country and I am sure in places like Kenya, Indonesia, and Pakistan.

How do we avoid this constitutional crisis? Vote.

Tags: Constitution Barak Obama POTUS

1 comment:


    When counting the electoral votes, either Congress finds by 1/8/09that Obama, not being an Article II "natural born citizen", fails to qualify as President whereupon Biden becomes the full fledged President under 3 USC 19 (free to pick his own VP such as Hillary) or thereafter defers to the Supreme Court to enjoin Obama's inauguration with Biden becoming only Acting President under the 20th Amendment until a new President is duly determined.

    The preferable choice, at least for the Democrats, should seem obvious.