Tag Archives: Obama not president per Constitution

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.