Category Archives: Electoral College

Democrat 2012 platform endorses same sex marriage, 2007 DNC party rules put Democrat Party above nation and Constitution, Norman Mattoon Thomas DNC adopted socialist platform

Democrat 2012 platform endorses same sex marriage, 2007 DNC party rules put Democrat Party above nation and Constitution, Norman Mattoon Thomas DNC adopted socialist platform

“It is presumed that the delegates to the Democratic National Convention, when certified pursuant to the Call, are bona fide Democrats who are faithful to the interests, welfare and success of the Democratic Party of the United States”…Rules for 2008 DNC Convention and Electors

“The term “presidential candidate” herein shall mean any person who, as determined by the National Chairperson of the Democratic National Committee, has accrued delegates in the nominating process and plans to seek the nomination,….affirmatively demonstrates that he or she is faithful to the interests, welfare and success of the Democratic Party of the United States”…Rules for 2008 DNC Convention and Electors

“In selecting delegates and alternate delegates to the national convention, no state law shall be observed which hinders, abridges, or denies to any citizen of the United States, eligible under the Constitution of the United States to hold the office of President of the United States or Vice President of the United States,”…Rules for 2008 RNC Convention and Electors

From Business Week August 11, 2012.

“Democratic Party Backs Same-Sex Marriage for 2012 Platform”

“Democrats unanimously voted today to endorse same-sex marriage in their party’s platform, the first time a major political party has supported the issue in its statement of policies.

Today’s action at the platform committee meeting in Detroit sends the document for ratification by delegates to next month’s Democratic National Convention in Charlotte, North Carolina. President Barack Obama, a Democrat, said in May that he supports same-sex marriage. Presumptive Republican presidential nominee Mitt Romney doesn’t.

A drafting committee included the same-sex marriage provision in the platform last month. Platform committee members raised no objections.

“The 14th Amendment is very clear — equal protection under the law,” said the platform committee co-chairman, Cory Booker, the mayor of Newark, New Jersey. “We as a party have really embraced the president’s ideas.”

While calling the action “very significant,” Booker told reporters after the committee meeting that the top issue in the presidential campaign would be the economy, not same-sex marriage.

“It may repel some, it may attract others,” he said. “This campaign is not going to turn on gay marriage.”

Immigration Overhaul
The platform also calls for “comprehensive immigration reform,” citing the Dream Act, legislation that would allow children brought to the U.S. by undocumented-immigrant parents to get legal status if they go to college or join the military. Congressional Republicans have blocked the legislation. Obama said June 15 that his administration would no longer deport some young adults brought to the U.S. illegally as children.

Senate Democratic candidates in Arizona, Nevada and New Mexico had asked that Dream Act provisions be part of the party platform.

While the platform promises to “preserve Americans’ Second Amendment right to own and use firearms,” it also says that “the right to own firearms is subject to reasonable regulation,” such as restoring the ban on assault-style weapons and strengthening background checks.

Twelve people were killed and at least 58 were injured on July 20 when a gunman opened fire during a midnight showing of “The Dark Knight Rises” in an Aurora, Colorado, movie theater. Seven people, including the alleged gunman, died in a shooting at a Sikh temple in Oak Creek, Wisconsin, on Aug. 5.

Corporate Donations
The platform also addresses the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission, which removed restrictions on corporate and union independent expenditures and has led to an increase in campaign spending by outside groups, many of which don’t disclose their donors. The platform calls for “immediate action” to overhaul the campaign finance system, including requiring nonprofit groups running political ads to disclose their contributors.

“You have huge amounts of secret money coming in and changing every level of government,” said Matthew Lesser, a state representative in Connecticut and a member of the platform committee.”

http://www.businessweek.com/news/2012-08-11/democratic-platform-mirrors-obama-and-backs-same-sex-marriage

Obviously no one was surprised.

The 2007 DNC party rules made no mention of adhering to the US Constitution. It did, however, reveal the priority of the Democrat Party.

“II. QUALIFICATIONS OF STATE DELEGATIONS”

“C. It is presumed that the delegates to the Democratic National Convention, when certified pursuant to the Call, are bona fide Democrats who are faithful to the interests, welfare and success of the Democratic Party of the United States, who subscribe to the substance, intent and principles of the Charter and the Bylaws of the Democratic Party of the United States, and who will participate in the Convention in good faith. Therefore, no additional assurances shall be
required of delegates to the Democratic National Convention in the absence of a credentials contest or challenge.”

“VI. PRESIDENTIAL CANDIDATES

The term “presidential candidate” herein shall mean any person who, as determined by the National Chairperson of the Democratic National Committee, has accrued delegates in the nominating process and plans to seek the nomination, has established substantial support for his or her nomination as the
Democratic candidate for the Office of the President of the United States, is a bona fide Democrat whose record of public service, accomplishment, public writings and/or public statements affirmatively demonstrates that he or she is faithful to the interests, welfare and success of the Democratic Party of the
United States, and will participate in the Convention in good faith.”

http://s3.amazonaws.com/apache.3cdn.net/c313170ef991f2ce12_iqm6iyofq.pdf

Obviously no one was surprised.

FROM A 1944 speech by Norman Mattoon Thomas, a leading American Socialist and six time Socialist Party of America Presidential Candidate.

“The American people will never knowingly adopt socialism.
But, under the name of “liberalism”,
they will adopt every fragment of the socialist program,
until one day America will be a socialist nation,
without knowing how it happened.”

“I no longer need to run as a Presidential Candidate for the Socialist Party.
The Democratic Party has adopted our platform.”

https://citizenwells.wordpress.com/2009/05/12/norman-thomas-socialist-party-of-america-leading-american-socialist-liberalism-presidential-candidate-democratic-party-has-adopted-our-platform/
Obviously no one was surprised.

The 2007 Republican Party rules at least state the following constitutional requirement for the presidency.

“In selecting delegates and alternate delegates to the national convention,
no state law shall be observed which hinders, abridges, or denies to any citizen of the United States, eligible under the Constitution of the United States to hold the office of President of the United States or Vice President of the United States, the right or privilege of being a candidate under such state law for the nomination for President of the United States or Vice President of the United States or which authorizes the election of a number of delegates or alternate delegates from any state to the national convention different from that fixed in these rules.”

http://devvy.net/pdf/mar08/2008_Call_FINAL.pdf

I would like to see a reaffirmation of upholding the US Constitution.

Obama PA ballot challenge update, Charles Kerchner, Other state ballot and primary challenges to Obama eligibility, Obama natural born citizen deficiency

Obama PA ballot challenge update, Charles Kerchner, Other state ballot and primary challenges to Obama eligibility, Obama natural born citizen deficiency

“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

From CDR Charles Kerchner February 19, 2012.

For Immediate Release

Copy of Commonwealth Court of PA filing by Kerchner & Laudenslager against Obama now online

The copy of the PA  ballot challenge objection against Obama filed on Friday, 17  Feb 2012,  in the Commonwealth Court of PA in Harrisburg PA can be downloaded at the link in my blog:  http://cdrkerchner.wordpress.com/2012/02/17/obama-ballot-challenge-filed-in-pa-a-nomination-petition-objection-was-filed-in-pa-against-obama/

In addition, for you convenience, a PDF copy of the complaint/objection is attached.

WE NEED YOUR HELP:  If you can please help this legal action to expose the usurper resident in our Oval Office.  Support the PA Ballot Challenge/Objection against Obama filed in PA today.  Please donate:  https://secure.piryx.com/donate/Owri7yAp/Article-II-Legal-Defense-Fund/PA

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA

http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/

From WND, World Net Daily, February 19, 2012.

“INDIANA NEXT STATE FOR OBAMA ELIGIBILITY PROTEST”

“Even as a challenge to Barack Obama’s name on the 2012 primary election ballot in Georgia moves to the appeals court level, the next state up for the arguments appears to be Indiana, which in just the last few weeks has removed a state official from office over eligibility issues.

And there appear to be other state challenges lined up to follow even that one, including pending cases in Mississippi and Arizona.

Citizens across the country are utilizing each state’s election procedures to challenge Obama’s name on the 2012 ballot because of questions over his eligibility which were raised during the 2008 campaign but have yet to be resolved.

Two mainstream arguments are that he either was not born in the state of Hawaii as he has claimed, which could make him ineligible under the Constitution’s requirements that a president be a “natural born citizen,” or that he doesn’t qualify for that status since he’s written that his father never was a U.S. citizen.

Many analysts believe the Founders considered a “natural born citizen” to be the offspring of two citizen parents. A Supreme Court opinion from 1875 seems to support that argument.

California attorney Orly Taitz, who has handled a number of cases challenging Obama’s tenure in the Oval Office on the grounds he’s not eligible, confirmed to WND that she has a hearing scheduled Feb. 24 before a state commission in Indiana regarding a challenge to Obama’s eligibility.

“Indiana is a very important state, as recently they threw out of office … their Secretary of State Charlie White for not updating his voter registration card,” she reported.

It is important to shove in front of the elections board … all the evidence of Obama using a stolen Social Security number and a forgery instead of a birth certificate. I want to see how they will justify keeping … Barack Obama on the ballot after they removed the secretary of state for something minor,” she said.

In fact, it was reported just this week that now-former Secretary of State Charlie White was removed from office and the state Supreme Court now is deciding the procedures to replace him.”

“The Supreme Court justices repeatedly have refused to address the constitutional questions involved. The justices apparently are “avoiding” the Obama issue, according to one member of the court. Last year, Justice Clarence Thomas appeared before a U.S. House subcommittee when the issue arose. Subcommittee Chairman Rep. Jose Serrano, D-N.Y., raised the question amid a discussion on racial diversity in the judiciary.

“I’m still waiting for the [court decision] on whether or not a Puerto Rican can run for president of the United States,” said Serrano, who was born in the island territory. “That’s another issue.”

Yet after Serrano questioned him on whether or not the land’s highest court would be well-served by a justice who had never been a judge, Thomas not only answered in the affirmative but also hinted that Serrano would be better off seeking a seat in the Supreme Court than a chair in the Oval Office.

“I’m glad to hear that you don’t think there has to be a judge on the court,” said Serrano, “because I’m not a judge; I’ve never been a judge.”

“And you don’t have to be born in the United States,” said Thomas, referring to the Constitution, which requires the president to be a natural-born citizen but has no such requirement for a Supreme Court justice, “so you never have to answer that question.”

“Oh really?” asked Serrano. “So you haven’t answered the one about whether I can serve as president, but you answer this one?”

“We’re evading that one,” answered Thomas, referring to questions of presidential eligibility and prompting laughter in the chamber. “We’re giving you another option.””

http://www.wnd.com/2012/02/indiana-next-state-for-obama-eligibility-protests/

 

Obama NC ballot challenge, GA ruling Judge Michael Malihi, North Carolina Secretary of State and Election Board warned in 2008, Governor Easley conviction

Obama NC ballot challenge, GA ruling Judge Michael Malihi, North Carolina Secretary of State and Election Board warned in 2008, Governor Easley conviction

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

It is timely and appropriate to reprint an article from 2008 on NC election law. In 2008 I contacted the NC Secretary of State’s office as well as the Board of elections multiple times. I provided information about the Philip J. Berg lawsuit as well as Obama eligibility concerns. The gentleman from the Board of Elections office was aware of the lawsuit. One of the state officers listed in the article, former Governor Mike Easley, has since been indicted and convicted of other crimes. His successor, Beverly Perdue, an Obama Democrat, was recently cited for receiving government employment reports prematurely. She has just indicated she will not run for office again.

I just perused the NC Election statutes looking for any significant changes and found none. NC still has a reference to replacing an ineligible candidate but no clear protocol for challenges. The state of Georgia is to be commended for provisions allowing ballot challenges in accordance with the US Constitution. We await a ruling from Judge Michael Malihi in GA on such challenges to Obama’s eligibility.

https://citizenwells.wordpress.com/2012/01/26/judge-michael-malihi-ruling-obama-ga-ballot-challenges-january-26-2012-summary-judgement-entered-brian-p-kemp-georgia-secretary-of-state/

Of course, the Democrat National Convention will be held in Charlotte, NC this year. You can bet that the State of NC will prioritize that event over upholding the US Constitution.

Politics as usual.

There are some challenges underway in NC and I will keep you apprised of their progress. More information can be found here:

http://obamaballotchallenge.com/complaint-in-nc-underway

http://obamaballotchallenge.com/election-complaint-filed-in-north-carolina-nc-page-updated-with-law

The State of NC was warned in 2008, ignorance is no excuse.

From Citizen Wells November 17, 2008.

NC State Officers and Election Officials are in Violation of the Law
2008 Presidential Election

Eligibility for presidency

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.”

How President is elected

UNITED STATES ELECTION LAW

“The following provisions of law governing Presidential Elections are contained in Chapter 1 of Title 3, United States Code (62 Stat. 672, as amended):

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

The states are responsible for the primaries, general election and events leading up to the Electoral College vote

US Constitution
Article II
Section 1

“Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.”

NC Officials responsible for upholding the US Constitution and Federal and State Election Laws

Governor Mike Easley has overall responsibilities as well as Electoral College certification.

Attorney General Roy Cooper is charged with compliance with all Federal and State laws.

Secretary Elaine Marshall is responsible for the NC Election process.

NC Board of Elections is responsible for the NC Election process.

NC Electoral College Electors are responsible for complying with Federal and State laws.

NC Judges ruling on election matters are bound to uphold the US Constitution and Federal and State laws.

Laws that apply to NC State Officials

US Constitution, Article II, Section 1. Presidential eligibility.

US Constitution, Article II, Section 1. States are responsible for Presidential Elections up to Electoral College vote.

Federal Election Law dictates that Electors must vote in a “manner directed by the Constitution.”

Article VI of the US Constitution states:

“The Senators and Representatives before mentioned, and the Members of the several State Legislators, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by
Oath or Affirmation, to support this Constitution;”

NC Statute § 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”

NC Statute § 163‑19.  State Board of Elections; appointment; term of office; vacancies; oath of office.

“At the first meeting held after new appointments are made, the members of the State Board of Elections shall take the following oath:

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, and that I will well and truly execute the duties of the office of member of the State Board of Elections according to the best of my knowledge and ability, according to law, so help me, God.”
NC Statute § 163‑23.  Powers of chairman in execution of Board duties.

“In the performance of the duties enumerated in this Chapter, the chairman of the State Board of Elections shall have power to administer oaths, issue subpoenas, summon witnesses, and compel the production of papers, books, records and other evidence. Upon the written request or requests of two or more members of the State Board of Elections, he shall issue subpoenas for designated witnesses or identified papers, books, records and other evidence. In the absence of the chairman or upon his refusal to act, any two members of the State Board of Elections may issue subpoenas, summon witnesses, and compel the production of papers, books, records and other evidence. In the absence of the chairman or upon his refusal to act, any member of the Board may administer oaths. (1901, c. 89, s. 7; Rev., s. 4302; C.S., s. 5923; 1933, c. 165, s. 1; 1945, c. 982; 1967, c. 775, s. 1; 1973, c. 793, s. 4.)”

The following facts and conclusions are self evident:

  • The State of NC, State Officials and Election Officials are responsible for the Presidential Election in NC up to and including the vote by the Electoral College Electors of NC.
  • The Electoral College Electors of NC are bound by the US Constitution and Federal and State Election law to vote for an eligible presidential candidate.
  • The Governor’s office, the Secretary of State’s office, the NC State Board of Elections and the Electoral College of NC has been notified in public and private of major issues surrounding the eligibility of
    Barack Obama.
  • The office of the Secretary of State and Board of Elections was notified multiple times, prior to the general election, of the Philip J Berg lawsuit and facts regarding Barack Obama’s ineligibility. The
    notification was via telephone conversation and emails as well as notification on the internet. The Board of Elections stated they had been aware of these issues for several months.
  • There are pending lawsuits in NC courts, other state courts, as well as US Supreme Court, challenging the eligibilty of Barack Obama.
  • Barack Obama has refused to supply legal proof of eligibility.
  • Pending or dismissed lawsuits have no bearing on the obligation of NC officials to uphold the rule of law.
  • Failure of NC officials to uphold the law and their election duties may result in the disenfranchisement of millions of voters.
  • The state of NC has complete control of the presidential election process in NC up to and including the Electoral College vote.
  • Placing a candidate on the ballot at the direction of a major political party does not relieve NC election officials of their duty to ensure eligibility of candidates.
  • The state of NC in NC Statute § 163-114 provides for replacing a candidate that “for any reason becomes ineligible or disqualified”.
  • The Tenth Amendment to the US Constitution gives power to the people not reserved for the federal government or the states.
  • The laws on the books not only allow, but require that NC officers and Elections Officials demand proof from any presidential candidate of eligibility.

If the officers and Election Officials do not perform their legal obligation to demand proof of eligibility from Barack Obama or any other presidential candidate, they will be subject to one or more of the following:

  • Prosecution
  • Lawsuit
  • Impeachment
  • Recall
  • Expulsion
  • Dismissal

Citizen Wells will be providing this information to the officers and Election officials of NC. If a satisfactory answer is not received soon, petitions will be initiated to remove non compliant officials from office. Judges are not immune.

What is the alternative?

The answer is in the Declaration of Independence.
 
 
 

January 3, 2012, Obama eligibility press conference, New Hampsire House of Representatives, Laurence Rappaport, Obama not Natural Born Citizen

January 3, 2012, Obama eligibility press conference, New Hampsire House of Representatives, Laurence Rappaport, Obama not Natural Born Citizen

“Why did Obama, prior to occupying the White House, employ Robert Bauer of Perkins Coie, to assist him in avoiding the presentation of a legitimate birth certificate and college records?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

From the Post & Email January 1, 2012.

“New Hampshire House of Representatives Members to Hold Press Conference on Obama’s Eligibility on January 3”

“WE NEED TO INFORM THE PUBLIC”
“On January 3, 2012, several members of the New Hampshire House of Representatives will hold a press conference with the primary purpose of informing New Hampshire citizens and registered voters that Barack Hussein Obama may not be eligible to serve as president and therefore should not have his name appear on the 2012 presidential ballot.

The time and place are tentatively set for 10:00 a.m. outside of the Legislative Office Building in Concord.

The website of the New Hampshire House of Representatives provides the following history regarding its beginnings:

Although threatened with reprisals from the British Crown and a bitterly divided constituency, New Hampshire’s leaders set the course for self-government in January 1776. Determined to keep the government close to the people, our forefathers fixed the size of the House of Representatives as a direct ratio to the state’s population. The first House consisted of 87 members, each one representing 100 families. As time passed and the population increased, the number of Representatives grew, until there were 443. In 1942, a constitutional amendment limited the size of the House to 400 but not less than 375 members. As a result, the New Hampshire House is the largest state legislative body in the United States.
New Hampshire has the largest House of Representatives in the nation. The Concord Monitor has stated that New Hampshire has “the most localized representation of any state in the country.”

On November 15, 2011, Atty. Orly Taitz filed a complaint with the New Hampshire Ballot Law Commission regarding the placing of Obama’s name on the state ballot, citing his use of a social security number not assigned to him as well as having presented two forged birth certificates as proof that he was born in Hawaii. Several state representatives joined the complaint, and citizens from around the country filed challenges as well. A U.S. Army reserve retired colonel has launched a campaign to prevent Obama’s name from being included on the New Hampshire ballot.
The New Hampshire Ballot Law Commission responded to Taitz by holding a hearing on November 18, during which Taitz presented her case challenging Obama’s constitutional eligibility, focusing on the crimes which she alleged he committed.

Although the New Hampshire Secretary of State’s office has disallowed candidates from running for the presidency due to foreign birthplaces in the recent past, the decision of the Ballot Law Commission was that because Obama completed the application and paid the requisite $1,000 fee, it could not prevent his name from appearing on the 2012 ballot.

Atty. Taitz has since stated that “massive election fraud” is occurring in New Hampshire because it appears that in 2008, boxes of ballots were left out on tables rather than locked in a vault, which Gardner admitted in a video to be a deviation from standard protocol.

Nine members of the New Hampshire House attended the hearing of the Ballot Law Commission, one of whom was Rep. Laurence Rappaport (R-Coos). Rappaport stated that there were nine representatives present at the Ballot Law Commission hearing and that some or all of them organized the press conference to be held on Tuesday, January 3, 2012.

We first asked him about his reaction to the outcome of the Ballot Law Commission hearing, he responded, “I was extremely disappointed.”
We then asked him about the investigation called for by Attorney General Michael Delaney regarding alleged misconduct on the part of some of the representatives at the Ballot Law Commission hearing. Rappaport’s response was, “There were two investigations. One was by the House Security, run by Randy Joyner, and he reported to the Speaker of the House, and the Attorney General asked the State Police to investigate. Neither one of them contacted me, probably because although I was there, I never said anything. The results of the investigation, as I understand it, were that there were no threats made, and it was basically a non-event.”

Rappaport said that at the time we spoke with him on December 31, a statement to be made at the press conference was in second-draft format. Working on the statement with him are Reps. Lou and Carol Vita and Harry Accornero.

“What we really need to do is emphasize that Barack Obama was not eligible and is not eligible to become president. At the Ballot Law hearing, the Commission and the Assistant Secretary of State said publicly, under oath, on the record, that their authority was only to see that the paperwork was properly filled out and that the $1,000 fee was paid. If you go back a little farther, you find out that they had disqualified a man named Sal Mohamed and another named Abdul Hassan. There are letters, of which we have copies, signed by Karen Ladd, the Assistant Secretary of State. So we applied for a rehearing, which was denied, and we applied to the New Hampshire Supreme Court, and last week they denied us a hearing. We can provide complete copies of all of these challenges.””

Read more:

http://www.thepostemail.com/2012/01/01/new-hampshire-house-of-representatives-members-to-hold-press-conference-on-obamas-eligibility-on-january-3/

Thanks to commenter Imuha.

David Farrar V Barack Obama, Georgia ballot, Obama not natural born citizen, Obama attorney Michael Jablonski motion, GA election laws

David Farrar V Barack Obama, Georgia ballot, Obama not natural born citizen, Obama attorney Michael Jablonski motion, GA election laws

“Why did Obama, prior to occupying the White House, employ Robert Bauer of Perkins Coie, to assist him in avoiding the presentation of a legitimate birth certificate and college records?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells


“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

Obama has engaged private attorney Michael Jablonski to respond to the Pre Trial order filed by David Farrar. The order requests that Barack Obama’s name be removed from the Georgia State ballot because Obama is not a natural born citizen and therefore not qualified for the office of the president.

Some information on Attorney Michael Jablonski.

“Michael Jablonski represents select clients in matters related to politics: campaigns with contract problems; candidates facing ethics charges; political consultants charged with trademark and copyright violations; media buyers and candidates confused by the FCC’s lowest unit charge rules; businesses with campaign contribution problems; citizens using the Georgia Open Records Act or the Federal Freedom of Information Act; and others that have been caught in the mire of campaign finance and ethics law.”

Read more:

http://taarradhin.net/

Looks like Obama has picked the right attorney.

From David Farrar V Barack Obama.
“(4) The issues for determination by the Court are as follows:
A. Is the candidate’s proffered birth certificates, authentic state-issued documents that verify his actual, physical birth in Hawaii?
B. Is the candidate an Article II natural born citizen of the United States as established in US. Supreme Court case: Minor vs Happersett 1875 Page 88 U. S. 163
C. O.C.G.A. § 21-2-560 Making of False Statements Generally. Is the candidate’s Social Security number, authentic?”

Two segments from Mr. Jablonski’s motion.

“The Democratic Party of Georgia determines names to include on its Presidential Preference Primary ballot at its sole discretion. O.C.G.A. 21 -2-193. A state political party “enjoys a constitutionally protected freedom which includes the right to identify the people who constitute this association to those people only.”
“Furthermore, the citizenship issue the plaintiff seeks to raise was soundly rejected by 69,456,897 Americans in the 2008 elections, as it has been by every judicial body ever to have considered it.”

My response.

The GA Democratic Party may put anyone they want on the ballot. However, that right does not trump the US Constitution dictate that the president must be a natural born citizen. GA election law clearly provides the Secretary of State and electors the power to challenge the qualifications of candidates. Also, to my knowledge, no court in this country has ruled that Obama is a natural born citizen.

I was born and raised in NC, have some experience reading legal documents and we also have some good dictionaries in NC. I have read the motion from Mr. Jablonski as well as the 2008 and 2011 versions of Georgia election laws. I will leave it for the reader to evaluate the accuracy of the following statements by Michael Jablonski in the hope that good dictionaries and logical thought capabilities exist in other parts of the country.

From the motion filed December 16, 2011 by attorney  Michael Jablonski.

“President Obama asks for dismissal of this attempt to deprive the Democratic Party of Georgia of its statutory right to name candidates to the Presidential Preference Party held to apportion Gerogia’s delegates to the Democratic National Convention. No provision of Georgia law authorizes a challenge to a political party’s identification of names it wishes its members to consider in a preference primary for purposes of apportioning delegates to its National Convention.The Democratic Party of Georgia properly identified Barack Obama as a candidate to whom National Convention delegates will be pledged based upon votes in the preference poll. Georgia law does not authorize the Secretary of State to exercise any discretion or oversight over the actions of a political party participating in a preference primary. Indeed, any review by the Secretary of State would interfere with associational rights of the Democratic Party guaranteed by the First Amendment to the United States Constitution.”
“The Time Limit for filing any challenge under O.C.G.A. 21-2-5 (if it appplies) specifies a two week period after qualifying in which a challenge can be filed.”
“The Secretary of State’s involvement in the Presidential Preference Primary process, other than conducting balloting, is limited to receiving names submitted by political parties for inclusion in the preference primary, publishing the submitted names on a website, and including the names on the ballot.”
“O.C.G.A. 21-2-193. The Presidential Preference Primary statute does not empower the Secretary of State to review submissions of names by political parties.”
“O.C.G.A. 21-2-5 does not apply to the Presidential Preference Primary because the preference primary is not an election”
“Nothing in the context of O.C.G.A. 21-2-5 “clearly requires” applicability to the preference primary.”

From the Georgia Election Statutes.

“O.C.G.A. § 21-2-193  (2011)

§ 21-2-193.  List of names of candidates to appear on ballot; publication of list
   On a date set by the Secretary of State, but not later than 60 days preceding the date on which a presidential preference primary is to be held, the state executive committee of each party which is to conduct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot. Such lists shall be published on the website of the Secretary of State during the fourth week immediately preceding the date on which the presidential preference primary is to be held.”

“O.C.G.A. § 21-2-200  (2011)

§ 21-2-200.  Applicability of general primary provisions; form of ballot
   A presidential preference primary shall be conducted, insofar as practicable, pursuant to this chapter respecting general primaries, except as otherwise provided in this article. In setting up the form of the ballot, the Secretary of State shall provide for designating the name of the candidate to whom a candidate for delegate or delegate alternate is pledged, if any.”

“TITLE 21.  ELECTIONS 
CHAPTER 2.  ELECTIONS AND PRIMARIES GENERALLY 
ARTICLE 1.  GENERAL PROVISIONS

O.C.G.A. § 21-2-5  (2011)

§ 21-2-5.  Qualifications of candidates for federal and state office; determination of qualifications
   (a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.

(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State.

(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate’s name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate’s name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted.”

“TITLE 21.  ELECTIONS 
CHAPTER 2.  ELECTIONS AND PRIMARIES GENERALLY 
ARTICLE 5.  PRESIDENTIAL PREFERENCE PRIMARY

O.C.G.A. § 21-2-191  (2011)

§ 21-2-191.  Parties entitled to hold primaries; dates; decision to elect delegates to presidential nominating convention in primary; qualifying periods for candidates for delegate
   As provided in this article, a presidential preference primary shall be held in 2012 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in this state, so that the electors may express their preference for one person to be the candidate for nomination by such person’s party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held in each year in which a presidential election is to be conducted on a date selected by the Secretary of State which shall not be later than the second Tuesday in June in such year. The Secretary of State shall select such date no later than December 1 of the year immediately preceding such primary. A state political party or body may by rule choose to elect any portion of its delegates to that party’s or body’s presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary; provided, however, that such dates shall not be later than 60 days preceding the date on which the presidential preference primary is to be held.”

“O.C.G.A. § 21-2-521  (2011)

§ 21-2-521.  Primaries and elections which are subject to contest; persons who may bring contest
   The nomination of any person who is declared nominated at a primary as a candidate for any federal, state, county, or municipal office; the election of any person who is declared elected to any such office (except when otherwise prescribed by the federal Constitution or the Constitution of Georgia); the eligibility of any person declared eligible to seek any such nomination or office in a run-off primary or election; or the approval or disapproval of any question submitted to electors at an election may be contested by any person who was a candidate at such primary or election for such nomination or office, or by any aggrieved elector who was entitled to vote for such person or for or against such question.”

“O.C.G.A. § 21-2-522  (2011)

§ 21-2-522.  Grounds for contest
   A result of a primary or election may be contested on one or more of the following grounds:

   (1) Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result;

   (2) When the defendant is ineligible for the nomination or office in dispute;

   (3) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result;

   (4) For any error in counting the votes or declaring the result of the primary or election, if such error would change the result; or

   (5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election.”

David Farrar filing:

http://obamareleaseyourrecords.blogspot.com/2011/12/david-farrar-v-barack-obama-first.html
Attorney Michael Jablonski filing

http://obamareleaseyourrecords.blogspot.com/2011/12/obamas-private-attorney-files-motion-to.html

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.

Obama is ineligible to occupy White House, Obama must resign immediately or be arrested, US Constitution clear, Many state laws clear, NC officials in trouble

Obama is ineligible to occupy White House, Obama must resign immediately or be arrested, US Constitution clear, Many state laws clear, NC officials in trouble

If Obama is not a natural born citizen, and it appears that he is not, then he is not president and must resign or be arrested. The US Constitution is clear on that requirement. No amount of electoral college votes, certification by Congress or swearing in attempts can remedy that deficiency. There are more clauses in the Constitution that add clarity to that requirement.

From the Twelfth Amendment to the US Constitution.

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

There is and was some confusion about the responsibility of state election officials to insure that presidential candidates are qualified. In 2008 I made sure that the office of the Secretary of State of NC as well as the State Board of elections was notified of the Philip J Berg lawsuit and serious questions regarding Obama’s eligibility. Instead of following their oaths to uphold the US Constitution and in some cases state law, they played party politics. Now is the time to pay the piper.

From Citizen Wells October 30, 2008.

Legal Notice

To:

The State of North Carolina

The Governor of North Carolina

The Attorney General of North Carolina

The Secretary of State of North Carolina

The NC Board of Elections

The Electoral College Electors of North Carolina

Whereas: Barack Obama was placed on the ballot in NC in the primary and
General Election.

Whereas: The NC Board of Elections placed Barack Obama on the ballot
solely on the basis of the direction of the DNC, Democratic National
Committee.

Whereas: The NC Board of Elections has not requested proof of eligibilty
for Barack Obama to be president from Barack Obama or the DNC despite
strong evidence that Barack Obama is not eligible.

Whereas: The NC Board of Elections has been aware of the lawsuit and
associated evidence of Philip J Berg for several months.

Whereas: Citizen Wells contacted the NC Board of Elections by email
and telephone conversation on or about 10/06/08 and provided
information that Barack Obama is ineligible.

Whereas: Citizen Wells contacted the office of the Secretary of State
of NC by email and telephone conversation on or about 10/27/08 and provided information that Barack Obama is ineligible.

Whereas: Most, if not all, NC Officers and Election officials have sworn
an oath to uphold the US Constitution.

Whereas: The US Constitution clearly defines the requirements to be
president of the US.

Whereas: The following NC statute provides for replacing a presidential
candidate if “for any reason becomes ineligible or disqualified“.
Chapter 163.

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”
Whereas: Barack Obama is ineligble to be President of the United States
and the NC State Board of Elections and the NC Secretary of State have
been notified by email and telephone.

Citizen Wells, a citizen of the State of North Carolina, demands that
the NC State Board of Elections obtain proof of eligibility from
Barack Obama or the Democrat Party in the form of a vault copy of
a birth certificate or pledge of allegiance to the US, and in the absence
of proof, remove Barack Obama from the ballot and request that the DNC
provide a replacement candidate per NC Law.

Citizen Wells further requests that the citizens of NC contact the NC
Board of elections and demand that they uphold the US Constitution and
NC Law.

Furthermore, all NC officials and election officials will be held
accountable if a non eligible presidential candidate is allowed to remain
on the ballot. The severity of the consequences will increase if the
ineligible candidate receives votes in the general election and Electoral
College. Many voters have been disenfranchised by Barack Obama being on
the ballot in the primary election. The further disenfranchisement of
voters, and the potential constitutional crisis must be taken seriously.
Citizen Wells              October 30, 2008

Attachments:
Email sent to NC Board of Elections:

Hi.
What I am about to share is serious and not a joke.
I am going to post this on my blog.
You may or may not be aware of the lawsuit filed by Philip J Berg
in federal court on August 21, 2008. Mr. Berg states that Obama
is not qualified to be president. I helped break this story and I am
in contact with Mr. Berg. He is trying to avoid a constitutional
crisis.
 
Here is a subchapter from the NC statues:
 
(Changes effective January 1, 2007)
§ 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)
Current through September 7, 2008
Page 118 of 429
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
Vice President appointment of national
executive committee of
political party in which
vacancy occurs

I am a NC voter.

Citizen Wells
Email sent to NC Secretary of State:

This email is a followup to a phone coversation with the Secretary
of State’s office.

The following article was posted on my blog. My viewership is in
the hundreds of thousands. A response is most welcome.
Citizen Wells
https://citizenwells.wordpress.com/

“Our Constitution is in actual operation; everything appears to promise
that it will last; but nothing in this world is certain but death and
taxes.”

Benjamin Franklin

“A strict observance of the written laws is doubtless one of the high
duties of a good (officer), but it is not the highest. The laws of
necessity, of self-preservation, of saving our country when in danger,
are of higher obligation.”

Thomas Jefferson

“The ballot is stronger than the bullet.”

Abraham Lincoln

Up to this point, the political parties and the individual states have been in control of the election process. The state boards of elections, in conjunction  with the major political parties have controlled which candidates will be on the ballots. However, the US Constitution still rules and just beneath that the Federal election laws rule. The states have control over their respective elections and electors, but are still governed by federal law.

Several weeks ago, Citizen Wells contacted the NC State Board of Elections.
After a brief phone call dominated by the Board of Elections staff member,
Citizen Wells was told that they had been aware of the Philip J Berg
lawsuit for several months and that they took their cue from the
Democratic Party regarding Obama’s eligibility. Once again, the US
Constitution rules and we will hold the NC State Board of Elections
accountable.

Once the individual state electors meet on December 15, 2008, the Federal
Government takes control of the process. Lawsuits in courts require
the burden of proof on the part of the plaintiff. This burden is not necessary
for those charged with upholding and defending the Constitution.
Consider the following:

Both John McCain and Barack Obama are US Senators. When they took office they spoke the following pledge:

“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.”

UNITED STATES ELECTION LAW

“The following provisions of law governing Presidential Elections are contained in Chapter 1 of Title 3, United States Code (62 Stat. 672, as amended):”

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

Pennsylvania Law

“§ 3192. Meeting of electors; duties.
The electors chosen, as aforesaid, shall assemble at the seat of government of this Commonwealth, at 12 o’clock noon of the day which is, or may be, directed by the Congress of the United States, and shall then and there perform the duties enjoined upon them by the Constitution and laws of the United States.”

NC Law

“At the first meeting held after new appointments are made, the members of the State Board of Elections shall take the following oath:

“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, and that I will well and truly execute the duties of the office of member of the State Board of Elections according to the best of my knowledge and ability, according to law, so help me, God.””
“§ 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”

This is not a situation where Obama is on trial and the burden of proof is on the prosecutor.

The government of the US has not filed a lawsuit with the burden of proof placed on the plaintiff.

Barack Obama is running for the office of president of the US, This is no different than applying for any other job involving competition.
As in any other situation involving a job application, the burden of
proof regarding qualification to hold office, falls on Obama. The
rules are spelled out in the US Constitution. The preponderance of
evidence reveals that Obama was born in Kenya, became an Indonesian
citizen and is in fact an illegal alien. Those who choose to ignore
these facts and allow Obama to proceed are violating the law and
will be held accountable.

Regardless of how the Philip J Berg lawsuit plays out, the US Constitution
must be upheld. Many people involved in the election process are
charged with upholding the US Constitution and will be held accountable.
This article will be emailed to the Secretary of State in each state
after a phone call to explain that the citizens are watching them. The
individual electors will also be held accountable. The Citizen Wells
blog will also create an accountability page for each state and will
provide feedback on how each state cooperates with the letter and spirit
of the Constitution.

I urge all of you to contact your Secretary of State and Board of Elections
in your state. Let them know you do not want an illegal alien on the
ballot or voted for by state electors. While you are at it, let them
know that voter fraud will not be tolerated. Let us know about the level
of concern and cooperation in your state.

The Philip J Berg lawsuit Timeline can be accessed at the top of this blog.”

112th Congress, Ron Paul et al, Do your damn job, US Constitution, Natural born citizen, Obama eligibility

112th Congress, Ron Paul et al, Do your damn job, US Constitution, Natural born citizen, 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

“If I did that, I would be laughed out of Congress.”…Ron Paul, December 2008

 

All US citizens have a duty, an obligation to obey the law. The US Constitution is the supreme law of the land.

Congressmen, as elected officials, have a higher duty to uphold the law and the US Constitution.

We have a patriot Army Officer, LTC Terry Lakin, lanquishing in prison for doing his duty. Now we have a spectator in the US House being arrested and led away for doing her duty to obey the law, the US Constitution, which trumps any House of Representives rule of order. Ordinarily I might agree that someone disrupting the House proceedings should be led away and chastised. However, in this case, Theresa deserves a medal for shouting out “Except Obama, except Obama.” when Rep. Frank Pallone read the part of Article II, Section 1 mandating that only a “natural-born citizen” may be president.

Military officers and ordinary Americans are having to challenge “authority” because Congress did not do their job in January 2009.

January 8, 2009

“Counting Electoral Votes in Congress
Public Law 110-430 changed the date of the electoral vote in Congress in 2009 from January 6 to January 8. This date change is effective only for the 2008 presidential election.
The Congress meets in joint session to count the electoral votes (Congress may pass a law to change the date). The President of the Senate is the presiding officer. If a Senator and a House member jointly submit an objection, each House would retire to its chamber to consider it. The President and Vice President must achieve a majority of electoral votes (270) to be elected. In the absence of a majority, the House selects the President, and the Senate selects the Vice President. If a State submits conflicting sets of electoral votes to Congress, the two Houses acting concurrently may accept or reject the votes. If they do not concur, the votes of the electors certified by the Governor of the State would be counted in Congress.”

http://www.archives.gov/federal-register/electoral-college/2008/dates.html

Ron Paul, et al, do your damn job!

In it’s entirety from Citizen Wells December 28, 2008

“Why I ask, should not the ‘injunctions and prohibitions’ addressed by
the people in the Constitution to the States and the Legislatures of
States, be enforced by the people through the proposed amendment?” 
“The oath, the most solemn compact which man can make with his Maker,
was to bind the State Legislatures, executive officers, and judges to
sacredly respect the Constitution and all the rights secured by it.”
Rep. Bingham (See Cong. Globe, 39th, 1st Sess., 1090 (1866))

 
“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

Natural Born Citizen

Why Barack Obama must be challenged

US Constitution

“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.”

To understand the intent of the founding fathers in using the words
“natural born citizen”, to define presidential eligibility, one must
first examine any influential documents and opinions from those
involved in crafting the US Constitution. What is clear and indisputable
is the following:

  • A naturalized citizen is a citizen by no act of law such as naturalization.
  • A child born to US citizens on US soil is a natural born citizen.
  • The Naturalization Act of 1790 provided the following:

“the children of citizens of the United States that may
be born beyond Sea, or out of the limits of the United
States, shall be considered as natural born Citizens”

 
Vattel’s “The Law of Nations”, written in 1758, was a
valuable reference guide for the founding fathers.

“§ 212. Citizens and natives.
The citizens are the members of the civil society; bound to this society by
certain duties, and subject to its authority, they equally participate in
its advantages. The natives, or natural-born citizens, are those born in the
country, of parents who are citizens. As the society cannot exist and
perpetuate itself otherwise than by the children of the citizens, those
children naturally follow the condition of their fathers, and succeed to all
their rights. The society is supposed to desire this, in consequence of what
it owes to its own preservation; and it is presumed, as matter of course,
that each citizen, on entering into society, reserves to his children the
right of becoming members of it. The country of the fathers is therefore that
of the children; and these become true citizens merely by their tacit consent.
We shall soon see whether, on their coming to the years of discretion, they
may renounce their right, and what they owe to the society in which they were
born. I say, that, in order to be of the country, it is necessary that a
person be born of a father who is a citizen; for, if he is born there of a
foreigner, it will be only the place of his birth, and not his country.”

Chief Justice of the Supreme Court, Justice John Jay, on
July 25, 1787, wrote the following to George Washington:

“Permit me to hint, whether it would be wise and seasonable to provide
a strong check to the admission of Foreigners into the administration
of our national Government; and to declare expressly that the commander
in chief of the American army shall not be given to, nor devolve on any
but a natural born citizen.”

The Lightfoot lawsuit in CA states the obvious:

“This letter shows that the meaning of natural born citizen, is one
without allegiance to any foreign powers, not subject to any foreign
jurisdiction at birth.”

After the US Constitution was written, further
clarifications can be found

“All persons born in the United States and not subject to any foreign
power, excluding Indians not taxed, are declared to be citizens of the
United States.”

1866, Sec. 1992 of U.S. Revised

“every human being born within the jurisdiction of the United States of
parents not owing allegiance to any foreign sovereignty is, in the
language of your Constitution itself, a natural born citizen.”

Rep. Bingham on Section 1992 (Cong. Globe, 39th, 1st Sess., 1291 (1866))

“Bingham subscribed to the same view as most everyone in Congress at the
time that in order to be born a citizen of the United States one must be
born within the allegiance of the Nation. Bingham had explained that to
be born within the allegiance of the United States the parents, or more
precisely, the father, must not owe allegiance to some other foreign
sovereignty (remember the U.S. abandoned England’s “natural allegiance”
doctrine). This of course, explains why emphasis of not owing allegiance
to anyone else was the affect of being subject to the jurisdiction of the
United States.” Read more

United States v. Wong Kim Ark, March 28, 1898 Reveals the following:

“Nevertheless, Congress has persisted from 1795 in rejecting the English
rule and in requiring the alien who would become a citizen of the United
States, in taking on himself the ties binding him to our Government, to
affirmatively sever the ties that bound him to any other.”

“It is beyond dispute that the most vital constituent of the English
common law rule has always been rejected in respect of citizenship of
the United States.”

“Considering the circumstances surrounding the framing of the Constitution,
I submit that it is unreasonable to conclude that “natural-born citizen”
applied to everybody born within the geographical tract known as the United
States, irrespective of circumstances, and that the children of foreigners,
happening to be born to them while passing through the country, whether of
royal parentage or not, or whether of the Mongolian, Malay or other race,
were eligible to the Presidency, while children of our citizens, born abroad,
were not.”

“Greisser was born in the State of Ohio in 1867, his father being a German
subject and domiciled in Germany, to which country the child returned.
After quoting the act of 1866 and the Fourteenth Amendment, Mr. Secretary
Bayard said:

Richard Greisser was no doubt born in the United States, but he was on his
birth “subject to a foreign power,” and “not subject to the jurisdiction
of the United States.” He was not, therefore, under the statute and the
Constitution a citizen of the United States by birth, and it is not
pretended that he has any other title to citizenship.”

“And it was to prevent the acquisition of citizenship by the children of
such aliens merely by birth within the geographical limits of the United
States that the words were inserted.

Two months after the statute was enacted, on June 16, 1866, the Fourteenth
Amendment was proposed, and declared ratified July 28, 1868. The first
clause of the first section reads:

All persons born or naturalized in the United States and subject to the
jurisdiction thereof, are citizens of the United States and of the State
wherein they reside.

The act was passed and the amendment proposed by the same Congress, and it
is not open to reasonable doubt that the words “subject to the jurisdiction
thereof” in the amendment were used as synonymous with the words “and not
subject to any foreign power” of the act.”

Perkins v Elg, 307 U.S. 325,328 (1939) differentiates between a US citizen
and a natural born citizen.  Ms. Elg, was born in Brooklyn, NY to an
American mother and a Swedish father was a US citizen, but not a natural
born citizen.

Leo Donofrio explains the basis for his lawsuit:

“The Framers distinguished between “natural born Citizens” and all other
“Citizens”.  And that’s why it’s important to note the 14th Amendment
only confers the title of “Citizen”, not “natural born Citizen”.  The
Framers were Citizens, but they weren’t natural born Citizens.  They
put the stigma of not being natural born Citizens on themselves in the
Constitution and they are the ones who wrote the Document.” 

“The chosen wording of the Framers here makes it clear that they had drawn
a distinction between themselves – persons born subject to British
jurisdiction – and “natural born citizens” who would not be born subject
to British jurisdiction or any other jurisdiction other than the United
States.  And so the Framers grandfathered themselves into the Constitution
as being eligible to be President.  But the grandfather clause only
pertains to any person who was a Citizen… at the time of the Adoption of
this Constitution.” 

“It should be obvious that the Framers intended to deny the Presidency to
anybody who was a British subject “at birth”. If this had not been their
intention, then they would not have needed to include a grandfather clause
which allowed the Framers themselves to be President.”

Application of Natural Born Citizen and Citizen to Barack Obama

Barack Obama was born to an American Mother and Kenyan Father.

Is Obama eligible under the Natural Born Citizen provision?

Philip Berg states:

“Even if Obama had and maintained United States citizenship (which Plaintiff
believes he failed to do) he also holds citizenship in Kenya and Indonesia.
Obama has divided loyalties with foreign countries. Thus, Obama carries
multiple citizenships, and is ineligible to run for President of the United
States. United States Constitution, Article II, Section I.”

Leo Donofrio states:

“Don’t be distracted by the birth certificate and Indonesia issues.  They
are irrelevant to Senator Obama’s ineligibility to be President.  Since
Barack Obama’s father was a Citizen of Kenya and therefore subject to the
jurisdiction of the United Kingdom at the time of Senator Obama’s birth,
then Senator Obama was a British Citizen “at birth”, just like the Framers
of the Constitution, and therefore, even if he were to produce an original
birth certificate proving he were born on US soil, he still wouldn’t be
eligible to be President.” 

“My law suit argues that since Obama had dual citizenship “at birth” and
therefore split loyalties “at birth”, he is not a “natural born citizen”
of the United States.  A “natural born citizen” would have no other
jurisdiction over him “at birth” other than that of the United States.
The Framers chose the words “natural born” and those words cannot be ignored. 
The status referred to in Article 2, Section 1, “natural born
citizen”, pertains to the status of the person’s citizenship “at birth”.”

“The other numerous law suits circling Obama to question his eligibility
fail to hit the mark on this issue.  Since Obama was, “at birth”, a
British citizen, it is completely irrelevant, as to the issue of
Constitutional “natural born citizen” status, whether Obama was born in
Hawaii or abroad.  Either way, he is not eligible to be President.  Should
Obama produce an original birth certificate showing he was born in Hawaii,
it will not change the fact that Obama was a British citizen “at birth”.” 

“Obama has admitted to being a British subject “at birth”.  And as will be
made perfectly clear below, his being subject to British jurisdiction
“at birth” bars him from being eligible to be President of the United States.”

Lightfoot lawsuit

“Mr. Obama is a son of a citizen of Kenya, that in 1961 was a British
protectorate, whereby regardless of whether he was born in Kenya or US, he
was a foreign citizen based on his fathers citizenship, he was a subject of
a foreign power and foreign jurisdiction and does not qualify as a natural
born citizen.”

“In adherence to the natural born citizen provision, the first presidents
of this country, such as George Washington and John Adams, that were born on
this soil, in Virginia and Massachussetts respectively, had to include an
additional constitution provision in addition to the natural born citizen,
“…or a citizen of the United States, at the time of the adoption of this
Constitution…”, in order to allow themselves, as Britizh subjects at the
time of their birth to be sworn as Presidents.  Since Mr. Obama is not 221
years old and was not a US citizen at the time of the Constitution, he, as a
British citizen at birth does not fall under this provision and does not
qualify as a natural born citizen and is not eligible to become the President
regardless of whether he was born in Kenya or Hawaii.”

Barack Obama is not a Natural Born Citizen

It is clear from the above that Obama is not eligible to be president.
For there to even be a ruling contrary to the letter and spirit of the
law, Obama must at least prove that he was a citizen of the US at birth.
This means that Obama would have to prove that he was born in Hawaii.

Unless Obama can prove he was born in Hawaii, he is in fact not a US
citizen and is an illegal alien

At this point, no legal proof of Obama being born in Hawaii has been
provided. The Hawaiian Health Dept. official stated:

STATEMENT BY DR. CHIYOME FUKINO

“There have been numerous requests for Sen. Barack Hussein Obama’s official
birth certificate. State law (Hawai‘i Revised Statutes §338-18) prohibits
the release of a certified birth certificate to persons who do not have a
tangible interest in the vital record.

“Therefore, I as Director of Health for the State of Hawai‘i, along with
the Registrar of Vital Statistics who has statutory authority to oversee
and maintain these type of vital records, have personally seen and verified
that the Hawai‘i State Department of Health has Sen. Obama’s original birth
certificate on record in accordance with state policies and procedures.

“No state official, including Governor Linda Lingle, has ever instructed
that this vital record be handled in a manner different from any other vital
record in the possession of the State of Hawai‘i.”

According to Philip Berg:

“There are records of a “registry of birth” for
Obama, on or about August 8, 1961 in the public records office in Hawaii.”

So, how is it possible to not be born in Hawaii and yet have a
birth certificate record in Hawaii?

[§338-17.8]  Certificates for children born out of State. 
(a)  Upon application of an adult or the legal parents of a minor child,
the director of health shall issue a birth certificate for such adult or
minor, provided that proof has been submitted to the director of health
that the legal parents of such individual while living without the
Territory or State of Hawaii had declared the Territory or State of Hawaii
as their legal residence for at least one year immediately preceding the
birth or adoption of such child.

(b)  Proof of legal residency shall be submitted to the director of health
in any manner that the director shall deem appropriate.  The director of
health may also adopt any rules pursuant to chapter 91 that he or she may
deem necessary or proper to prevent fraudulent applications for birth
certificates and to require any further information or proof of events
necessary for completion of a birth certificate.

(c)  The fee for each application for registration shall be established
by rule adopted pursuant to chapter 91. [L 1982, c 182, §1] Hawaii statute

From the Keyes lawsuit:

“A press release was issued on October 31, 2008, by the Hawaii Department
of Health by its Director, Dr. Chiyome Fukino. Dr. Fukino said that she
had “personally seen and verified that the Hawaii State Department of
Health has Senator Obama’s original birth certificate on record in
accordance with state policies and procedures.” That statement failed to
resolve any of the questions being raised by litigation and press accounts.
Being “on record” could mean either that its contents are in the computer
database of the department or there is an actual “vault” original.”

“Further, the report does not say whether the birth certificate in the
“record” is a Certificate of Live Birth or a Certificate of Hawaiian Birth.
In Hawaii, a Certificate of Live Birth resulting from hospital documentation,
including a signature of an attending physician, is different from a
Certificate of Hawaiian Birth. For births prior to 1972, a Certificate of
Hawaiian Birth was the result of the uncorroborated testimony of one witness
and was not generated by a hospital. Such a Certificate could be obtained up
to one year from the date of the child’s birth. For that reason, its value
as prima facie evidence is limited and could be overcome if any of the
allegations of substantial evidence of birth outside Hawaii can be obtained.
The vault (long Version) birth certificate, per Hawaiian Statute 883.176
allows the birth in another State or another country to be registered in
Hawaii. Box 7C of the vault Certificate of Live Birth contains a question,
whether the birth was in Hawaii or another State or Country. Therefore,
the only way to verify the exact location of birth is to review a certified
copy or the original vault Certificate of Live Birth and compare the name of
the hospital and the name and the signature of the doctor against the
birthing records on file at the hospital noted on the Certificate of the
Live Birth.”

If Obama was born in kenya, his mother had to be nineteen years
old for Obama to be a US citizen. Berg explains:

“If in fact Obama was born in Kenya, the laws on the books at the time of
his birth stated if a child is born abroad and one parent was a U.S. Citizen,
which would have been his mother, Stanley Ann Dunham, Obama’s mother would
have had to live ten (10) years in the United States, five (5) of which were
after the age of fourteen (14). At the time of Obama’s birth, his mother was
only eighteen (18) and therefore did not meet the residency requirements under
the law to give her son (Obama) U.S. Citizenship. The laws in effect at the
time of Obama’s birth prevented U.S. Citizenship at birth of children born
abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen
parent was under the age of nineteen (19) at the time of the birth of the
child. Obama’s mother did not qualify under the law on the books to register
Obama as a “natural born” citizen. Section 301(a)(7) of the Immigration and
Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S.C. §1401(b),
Matter of S-F- and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att’y Gen. 1944).”

 Under the best case scenario for Obama, he is a US citizen, not natural
born, and the worst case scenario, Obama is an illegal alien. If Obama
was born in Kenya, he is an illegal alien.

At the time of Obama’s birth, he was a Kenyan citizen and under British
rule. For there to be a ruling on Obama’s potential eligibility for the
presidency based on being a natural born citizen, Obama must provide proof
that he was also a US citizen at birth and that would require proof that
he was born in Hawaii. To date, no legal proof has been provided. In fact,
every effort has been made by Obama to avoid proving his eligibility. He
has spent hundreds of thousands of dollars and employed numerous attorneys
to evade his dubious past.

Obama must provide a vault (long form) birth certificate to prove he is
not an illegal alien. Think about it. We know that Obama is not eligible
under the US Constitution.

Are we going to let him steal the presidency as an illegal alien?

 https://citizenwells.wordpress.com/2008/12/28/natural-born-citizen-obama-is-not-eligible-obama-birth-certificate-us-constitution-founding-fathers-intent-lawsuits-obama-kenyan-vattel%e2%80%99s-the-law-of-nations-john-jay-berg-donofrio-k/

LTC Lakin verdicts, Terry Lakin patriot, Obama Congress Supreme Court State Election Officials Mainstream Media guilty

LTC Lakin verdicts, Terry Lakin patriot, Obama Congress Supreme Court State Election Officials Mainstream Media guilty

“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

 

“These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.”…Thomas Paine

 

LTC Terry Lakin

American Hero

 

Guilty of Treason: Barack Hussein Obama

Guilty of dereliction of Duty:

Congress

US Supreme Court

State Election Officials

Guilty of conspiracy to Defraud the American Public: US Mainstream Media

From Citizen Wells November 12, 2008.

“What I am about to write is so inherently simple and self evident,
that it may appear on the surface to be implausible. However, the
following facts and arguments flow from the founding fathers’ wisdom
and desire to protect the American citizens from tyrrany. I have read
the US Constitution, Federal election law and numerous state election
laws. I have had dialogue with offices of a number of Secretaries of State
and Election Boards. The US Constitution gives the states power over
the general election. The states control which candidates are placed
on ballots and regardless of the methodology used for doing so, I
believe the states have the power and obligation to verify eligibility
of presidential candidates. I find no federal or state law prohibiting
states from doing so and instead a constitutional duty to ensure that
a qualified candidate becomes a ballot choice for the Electoral College
Electors. Failure to do so effectively may lead to voter disenfranchisement.
I have believed and stated for weeks that the Tenth Amendment to the US Constitution gives US citizens the power to demand that a presidential
candidate prove eligbility and certainly standing in a lawsuit. A lawsuit
should not be necessary. We already have the power, directly from the
US Constitution Bill of Rights.
Argument:

  • The US Constitution clearly defines the eligibiity requirement for president.
  • The US Constitution rules.
  • The US Constitution gives states the power to choose electors. With this power comes the obligation to uphold the Constitution and protect voter rights.
  • State laws vary but are consistent in their approach to placing
    presidential candidates on the ballot.
  • Presidential Balloting evolved from tradition.
  • The two party system evolved from tradition.
  • States place presidential candidates on ballots from instructions of
    the major political parties.
  • States should have enacted laws to require proof of eligibility.
  • States are not exercising their duty to the Constitution.
  • States have the power and obligation to ensure that only eligible candidates remain on ballots. Despite compelling evidence that Barack Obama is not eligible, and notification, the states left him on the ballot.
  • States claim no power to remove a candidate when in fact they do have power over the general election process.
  • The Tenth Amendment to the Constitution gives the people power, including Phil J Berg, Leo C. Donofrio and others that have had their lawsuits dismissed in state courts.

By virtue of the powers given to the people in the Tenth Amendment in The BIll of Rights of the US Constitution, we do not have to file lawsuits to demand proof of eligibility or require state election officials to do so.

A US citizen filing a lawsuit demanding that a presidential candidate provide proof of eligibility has standing.”

 

“Philip J Berg lawsuit
Judge Surrick ruling exerpts:
“If, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like Plaintiff. Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring in the Amended Complaint.”
“…regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.”
Philip J Berg response to ruling:
“an American citizen is asking questions of a presidential candidate’s eligibility to even hold that office in the first place, and the candidate is ducking and dodging questions through legal procedure.”
“This is a question of who has standing to stand up for our Constitution,”  “If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to ask whether or not the likely next president of the United States–the most powerful man in the entire world–is eligible to be in that office in the first place, then who does?”
Mark J. Fitzgibbons is President of Corporate and Legal Affairs at American Target Advertising:
“October 29, 2008
Who Enforces the Constitution’s Natural Born Citizen Clause?”
“So if the Framers established that courts “shall” hear cases arising under the Constitution, and failed to authorize Congress to otherwise establish who may sue to enforce the document, then where might we find conclusively that Berg has standing to sue?
The 10th Amendment to the Constitution states that the powers not delegated to the federal government, nor prohibited to the states, remain with the states or the people.  Therefore it seems that any state or any person has standing to sue to enforce not just the Natural Born Citizen Clause, but other constitutional requirements and rights, absent some expressly written bar within the Constitution itself.”
“Chief Justice John Marshall, writing in Marbury v. Madison, said that judges have a duty to decide cases under our paramount law, the Constitution. I have lamented previously about how some judges tend to evade their duty to decide constitutional matters by resorting to court-made doctrines.  Judge Surrick’s reliance on case law to dismiss Berg’s suit for lack of standing is reasoned from a lawyer’s perspective, but not heroic and perhaps evasive of his larger duty.
His decision to “punt” the matter to Congress creates, I suggest, a dangerous, longer and perhaps more painful constitutional quagmire than had he heard the evidence in the case.  Even had the case lacked merit, the Constitution would not have been harmed.”
Read more here:
http://www.americanthinker.com/2008/10/who_enforces_the_constitutions.html
Ellis Washington, currently a professor of law and political science at Savannah State University, former editor at the Michigan Law Review and law clerk at The Rutherford Institute, is a graduate of John Marshall Law School and a lecturer and freelance writer on constitutional law, legal history, political philosophy and critical race theory. He has written over a dozen law review articles and several books, including “The Inseparability of Law and Morality: The Constitution, Natural Law and the Rule of Law” (2002). See his law review article “Reply to Judge Richard Posner.” Washington’s latest book is “The Nuremberg Trials: Last Tragedy of the Holocaust.”
Mr. Washington wrote the following response to the Philip J Berg lawsuit and Judge Surrick ruling in a World Net Daily article dated November 8, 2008 :
“Unfortunately, just 10 days before the election, a court of appeals judge threw out Berg’s lawsuit challenging the veracity of Obama’s U.S. citizenship status on technical grounds. Judge R. Barclay Surrick, a Jimmy Carter-appointed judge, amazingly (and with a tinge of irony), stated his opinion in part:
In a 34-page memorandum that accompanied the court order, the Hon. R. Barclay Surrick concludes that ordinary citizens can’t sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.
Surrick defers to Congress, saying that the legislature could determine “that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency,” but that it would take new laws to grant individual citizens that ability.
“Until that time,” Surrick says, “voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring.”
Judge Surrick, quoting from Hollander, concludes, “The alleged harm to voters stemming from a presidential candidate’s failure to satisfy the eligibility requirements of the Natural Born Citizen Clause is not concrete or particularized enough to constitute an injury.”
Surrick also quotes Lujan v. Defenders of Wildlife, which stated, in part, “The Supreme Court has consistently held that a plaintiff raising only a generally available grievance about government – claiming only harm to his and every citizen’s interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large – does not state an Article III case or controversy.”
Constitutionally speaking, Judge Surrick’s reasoning is completely illogical and a total dereliction of his duty as a judge to substantively address this most vital constitutional controversy. Instead, in a gutless manner, Surrick dismissed Berg’s complaint 10 days before the elections on a technicality of standing, which to any rational person begs the question: If Philip J. Berg as an American citizen, a respected Democratic operative and former attorney general of Pennsylvania doesn’t have the “standing” to bring this type of lawsuit against Obama, then who in America does have standing? The good judge in all 34 pages of legal mumbo jumbo didn’t bother to answer this pivotal question.
That Berg’s complaint is not “concrete or particularized enough to constitute an injury” is an amazing admission by any person that went to law school and even more so given the fact that Surrick is a respected appellate judge!
I am somewhat hopeful that Berg will successfully appeal Surrick’s outrageous decision to 3rd Circuit Court of Appeals and then to the United States Supreme Court if necessary, even if technically he doesn’t have standing to hold Obama accountable to the Constitution. Why? Because this is America, and out of 300 million people, someone should give a damn enough about this republic to make sure the person who holds the highest elected office in the land holds it legitimately based on the black letter text of Article II, Section 1 of the U.S. Constitution.”
Read the complete article here:
http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=80435

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