Tag Archives: Constitution 101

Obama not president per Constitution, Constitution 101, Natural born citizen requirement trumps Electoral College

 Obama not president per Constitution, Constitution 101, Natural born citizen requirement trumps Electoral College

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

US President eligibility requirements 

US Constitution
Article II
Section 1

“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.”

Twelfth Amendment – Election of President

“then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.”

Twentieth Amendment

“If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”

It is clear from the language above, if you have reading comprehension skills of a fifth grader and an IQ greater than a squirrel, that one must be a natural born citizen to be president, irrespective of Electoral College votes, certification or swearing in ceremonies. It is sad that so many in Congress have these deficiencies.

Many of the states have statutes layered beneath the US Constitution clarifying duties and eligibility to run for office.

North Carolina

Elections and Election Laws.

§ 163-114.  Filling vacancies among party nominees occurring after nomination and before election. If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:

Position

President 

Vacancy is to be filled by appointment of
national executive committee of
political party in which vacancy occurs”

§ 163-122.  Unaffiliated candidates nominated by petition.

 “(d)       When any person files a petition with a board of elections under this section, the board of elections shall, immediately upon receipt of the petition, inspect the registration records of the county and cancel the petition of any person who does not meet the constitutional or statutory qualifications for the office, including residency.”

§ 163-123.  Declaration of intent and petitions for write-in candidates in partisan elections.

“(f1)     When any person files a petition with a board of elections under this section, the board of elections shall, immediately upon receipt of the petition, inspect the registration records of the county and cancel the petition of any person who does not meet the constitutional or statutory qualifications for the office, including residency.”

§ 163-127.2.  When and how a challenge to a candidate may be made.

“(c)       If Defect Discovered After Deadline, Protest Available. – If a challenger discovers one or more grounds for challenging a candidate after the deadline in subsection (a) of this section, the grounds may be the basis for a protest under G.S. 163-182.9. (2006-155, s. 1.)”
§ 163-127.5.  Burden of proof.

(a)       The burden of proof shall be upon the candidate, who must show by a preponderance of the evidence of the record as a whole that he or she is qualified to be a candidate for the office.”

Article 5.

Precinct Election Officials.

§ 163-41.  Precinct chief judges and judges of election; appointment; terms of office; qualifications; vacancies; oaths of office.
“As soon as practicable, following their training as prescribed in G.S. 163-82.24, each chief judge and judge of election shall take and subscribe the following oath of office to be administered by an officer authorized to administer oaths and file it with the county board of elections:

“I, __________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State not inconsistent with the Constitution of the United States; that I will administer the duties of my office as chief judge of (judge of election in) ______precinct, __________County, without fear or favor; that I will not in any manner request or seek to persuade or induce any voter to vote for or against any particular candidate or proposition; and that I will not keep or make any memorandum of anything occurring within a voting booth, unless I am called upon to testify in a judicial proceeding for a violation of the election laws of this State; so help me, God.””

Kentucky

“In accordance with the Twelfth Amendment to the United States
Constitution, and with sections 7-11 of Title III of the
United States Code”

UNITED STATES CODE

TITLE 3 THE PRESIDENT

Manner of voting

§ 8.   The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.

US Constitution

Article. II.

Section. 1.
“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.”

It is clear that NC and KY require that a presidential candidate be a natural born citizen in compliance with the US Constitution. Congratulations to Kentucky for their explicit language.

Constitution 101, State election laws, US Constitution rules, State election officials and electors legal duties

Constitution 101, State election laws, US Constitution rules, State election officials and electors legal duties

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

In men’s minds, as in nature, once a seed is planted, it many take many months to germinate, but the seed must be planted.

I was searching through Citizen Wells articles from 2008 on election laws and natural born citizen references when I came across this:

“Constitution 101 classes will begin soon.
State officers, election officials, judges and, of course,
US Supreme Court Justices will be invited. Stay tuned for a
class near you. I suppose Washington DC should be first.”

From Citizen Wells December 17, 2008.

The ultimate objective of a presidential election to inaugurate a
constitutionally qualified president that as closely as possible
reflects the will of the people.
The states have been given the power and the duty to control presidential
elections by the US Constitution.

The pervasive attitudes of the state officers and election officials is
that they, incorrectly, have no power to qualify presidential candidates
and/or they depend on political parties to vet the candidates.

The political parties have evolved and changed since the creation of the
US Consitution and are given no powers. However, members of the parties,
as US Citizens have an implied duty to uphold the Constitution and party
officers typically have taken oaths as elected officials to uphold the
US Constitution.

Clearly, the intent of the US Constitution and Federal Election Law is
for an eligible candidate to move through this election process to allow
for a constitutionally valid vote by Electors.

All officers and election officials, most judges and most Electoral
College Electors were informed prior to the general election and
particularly prior to the Electors meeting and voting, of compelling
evidence that Barack Obama is not eligible to be president. Despite
these warnings, Electors met and voted on the basis of party loyalty or
perceived directives from the states. State or party policies dictating
how an Elector votes violate the spirit and letter of constitutional
and federal law.

Even though the manner of Electoral College voting in clearly defined by
the US Constitution and Federal Election Law, some states have included
explicit references to law in their Certificates of Voters that are
signed by Electors and state officers. Below are certificates from 2004.

http://www.archives.gov/federal-register/electoral-college/2004_certificates/

Alabama

“pursuant to the Constitution and the laws of the United States
and this state, certify”

Alaska

“by authority of law vested in us”

Arizona

“by authority of law in us vested”

Arkansas

“as provided by law”

California

“pursuant to the Constitution and the laws of the United States
and the state of california, do hereby certify”

Connecticut

“in pursuance of the Constitution and laws of the United States
and in the manner provided by the laws of the state of Connecticut”

Hawaii

“in pursuance of the Constitution and laws of the United States”

Idaho

“having met agreeably to the provisions of law”

Illinois

“as provided by law”

Indiana

“as required by the Twelfth Amendment to the Constitution of
the United States”

Iowa

“in accordance with law”

Kansas

“agreeably to the provisions of law”

Kentucky

“In accordance with the Twelfth Amendment to the United States
Constitution, and with sections 7-11 of Title III of the
United States Code”

UNITED STATES CODE

TITLE 3 THE PRESIDENT

Manner of voting

§ 8.   The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.

US Constitution

Article. II.

Section. 1.
“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.”
Minnesota

“In testimony whereof, and as required by the Twelth Amendment
to the Constitution of the United States we have hereunto set
our hands”

Montana

“agreeable to the provisions of law”

Nevada

“agreeably to the provisions of law”

New Jersey

“proceeded to perform the duties required of us by the Constitution
and laws of the United States.”

North Carolina

“by authority of law in us vested”

Pennsylvania

“agreeably to the provisions of law”

Rhode Island

“in pursuance of law”

South Carolina

“pursuant to the Constitution and laws of the United States and of
this state”

Tennessee

“pursuant to the Constitution and laws of the United States and of
this state”

Utah

“in pursuance of the statutes of the United States and of the statutes
of the State of Utah”

Virginia

“in pursuance of the Constitution and laws of the United States”

Washington

“pursuant to the provisions of federal and state law”

Conclusion

  • The US Constitution is clear on presidential eligibility and how
    Electoral Colleges Electors are to vote.
  • Ignorance is no excuse. Everyone involved was forewarned. Voting
    party line over law will not be tolerated.
  • Electors and state officers have signed or will sign Certificates of Voters
    for the 2008 Election. As you can see from the above, they will
    certify that they are aware of the law and are abiding by the law.
  • Kentucky gets the award for the most constitutionally clear wording
    and should be applauded for doing so.
  • There are consequences for false attesting.
  • One of the consequences is that the votes of many Electors are now
    null and void.
  • Impeachment, recall, firing, criminal charges forthcoming?

Constitution 101 classes will begin soon.

State officers, election officials, judges and, of course,
US Supreme Court Justices will be invited. Stay tuned for a
class near you. I suppose Washington DC should be first.

Constitution 101, Justice Scalia, Pay attention to the Constitution, Michele Bachmann class

Constitution 101, Justice Scalia, Pay attention to the Constitution, Michele Bachmann class

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

From MinnPost.com January 24, 2011.

“Supreme Court Justice Antonin Scalia gave members of Congress what amounted to a largely uncontroversial lesson on the Constitution and Federalist Papers in a briefing this afternoon organized by Rep. Michele Bachmann.

“I told them to pay attention to the Constitution,” Scalia told MinnPost following the hourlong discussion, which included a short question and answer session between lawmakers and the Court’s most outspoken conservative jurist.

More than 50 members and staffers attended the “wonderful civil discussion,” which was closed to the press, Bachmann told reporters in a news conference afterwards. At least three Democrats were present, one of whom said the briefing was “incredibly useful” and non-partisan.

Rep. Jan Schakowsky, Democrat of Illinois, said Scalia told the members to get a hard copy of the Federalist Papers and keep it on their desks.

“You’re not going to like some of the things I have to say about the ability of Congress to limit the executive ,” Schakowsky said Scalia told them. Iowa Republican Steve King later told reporters that was in reference to Congress ceding authority to the executive in recent years, a practice King has frequently (and vocally) opposed.

King said Scalia was “very careful to not address subject matter that may come before the Court.” That includes the recently-passed health reform law, which is being challenged in several federal courts and is expected to be appealed to the Supreme Court.”

Read more:

http://www.minnpost.com/derekwallbank/2011/01/24/25162/pay_attention_to_the_constitution_scalia_tells_bachmann_group

Pop Quiz.

According to the US Constitution, which of the following is a requirement to be President of the US?

A) Citizen.

B) Natural born citizen.

C) No birth certificate.

John Boehner and Congress, Natural Born Citizen 101, Constitution 101, You must stay after class

John Boehner and Congress, Natural Born Citizen 101, Constitution 101, You must stay after class

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

“I do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental reservation
or purpose of evasion; and that I will well and faithfully discharge
the duties of the office on which I am about to enter: So help me God.”
Congressional Oath of Office

“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.”…US Constitution

The US Constitution was read in the House of Representatives last week. As I understand it, Constitution 101 classes will be held for congressmen. Some members of Congress, including John Boehner, may have to do some remedial work including stay after class. The same day that the Constitution was read, John Boehner used the word citizen and natural born citizen interchangeably. He also exhibited ignorance regarding proof of Obama’s birthplace.

Last Friday, after responding to Speaker Boehner’s remarks on this blog, I contacted his office regarding his gaffe. I am not aware of a correction or apology from John Boehner.

Speaker Boehner, you owe the American people an apology and you need to issue a corrected statement in response to Brian Williams’ questions. You also need to learn the truth about Obama’s eligibility issues. I am certain I and others can find the time to assist you.

Wells

January 5, 2011, Congress oath of office, Swearing in ceremony, Constitution 101, LTC Lakin, Obama eligibility

January 5, 2011, Congress oath of office, Swearing in ceremony, Constitution 101, LTC Lakin, Obama eligibility

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

On January 5, 2011, the 112th Congress will be sworn in. Each member of the Senate and House of Representatives will take the following oath.

“I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well faithfully discharge the duties of the office on which I am about to enter. So help me God.”

Learn more here:

http://clerk.house.gov/member_info/oathoffice.html

http://uscode.house.gov/download/pls/02C2.txt

They will all swear to:

“support and defend the Constitution of the United States against all enemies, foreign and domestic

Supreme Court Justice Scalia will teach the first class of Constitution 101.

Justice Scalia, would you please spend a little extra time on the Natural Born Citizen provision in the Constitution.

From the Citizen Wells US Constitution Hall of Shame begun in 2008.

 Senator Mike Crapo

“The Constitution and federal law require that, among other things,
only native-born U.S. citizens (or those born abroad, but only to
parents who were both American citizens) may be President of the
United States.”

“Furthermore, both the Director of
Hawaii’s Department of Health and the state’s Registrar of Vital
Statistics recently confirmed that Mr. Obama was born in Honolulu,
Hawaii on August 4, 1961 and, as such, meets the constitutional
citizenship requirements for the presidency.”

 Senator Barbara Mikulski (The most grossly inaccurate response)

“The Fourteenth Amendment to the Constitution states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Since President-elect Obama was born in Hawaii two years after it was admitted as the 50th state, he is a natural-born citizen. He has released a copy of his birth certificate and it has been authenticated by experts. Following Obama’s overwhelming and undisputed victory in the recent election, the Supreme Court has considered challenges to his citizenship and dismissed them as being without merit.”

 Senator Harry Reid

“Barack Obama was born on August 4, 1961, in
Honolulu, Hawai’i. His birth certificate is a matter of public record
of the State of Hawai’i and is available online through various news
sources, as well as on the Web site for the nonpartisan, nonprofit
Annenberg Political Fact Check: http://www.factcheck.org

 Representative Steven LaTourette

” The Secretary of State of each state holds the responsibility of
verifying that each presidential candidate meets the requirements as
outlined in the U.S. Constitution.”

 Senator John Cornyn

“The consequences
of continued inaction are too great. It is imperative that Congress
act quickly to secure our borders, reform our country’s immigration
laws, modernize healthcare, and promote energy independence. You may
be certain that I will continue to pursue conservative initiatives
that reinforce the principles upon which our country was founded
while holding the new Administration accountable to the American
people.”

Representative James Sensenbrenner

“As you may know, the Senate unanimously passed S.Res.511, recognizing
that Senator McCain is a natural born citizen. This measure came about
in response to questions that were raised with respect to Sen. McCain’s
eligibility due to the fact that he was born outside of the United
States to U.S. citizens while his father was serving in the U.S.
military. In President-elect Obama’s case, such legislation was not
deemed necessary because claims that Mr. Obama is constitutionally
ineligible for the nation’s highest office are unfounded. No credible
evidence has surfaced to call into question his eligibility to run.”

Some of the members of Congress need more than Constitution 101. Perhaps they need.

Read Comprehension 101.

Integrity 101.

Give a damn 101.

As soon as these congressmen are sworn in, let’s help them with their education. Make certain they are up to speed about:

LTC Terry Lakin.

Obama eligibility issue facts.