Tag Archives: US Constitution

Joe Biden president, Obama not qualified, Inauguration hoax, January 20, 2009, 20th Amendment rules, US Constitution, Evidence surfaces, John Roberts and Obama stumble, US Congress decides, Obama Indonesian citizen

Posted on January 20, 2009 | 82 comments

Joe Biden

is

President

Until further notice

The 20th Amendment to the US Constitution states “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;”.

Barack Obama is not qualified to be president and therefore
per the 20th Amendment, Joe Biden is president until Congress
makes a further determination. Furthermore, aside from the
vast evidence that we have that Obama is not a Natural Born
Citizen and no legal evidence to the contrary from Obama, a
little birdie tells me that some new certified evidence has
come to the surface that is conclusive evidence against Obama
being qualified.

Amendment XX

Section 1. The terms of the President and Vice President shall
end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January,
of the years in which such terms would have ended if this article
had not been ratified; and the terms of their successors shall
then begin.

Section 2. The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of
January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice
President elect shall become President. 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.

 

Amendment XXV

Section 1. In case of the removal of the President from office or
of his death or resignation, the Vice President shall become
President.

Section 2. Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of
Congress.

Section 3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice President as
Acting President.

Section 4. Whenever the Vice President and a majority of either
the principal officers of the executive departments or of such
other body as Congress may by law provide, transmit to the
President pro tempore of the Senate and the Speaker of the House
of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of the
office as Acting President.

Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists,
he shall resume the powers and duties of his office unless the
Vice President and a majority of either the principal officers of
the executive department or of such other body as Congress may by
law provide, transmit within four days to the President pro tempore
of the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide
the issue, assembling within forty-eight hours for that purpose if
not in session. If the Congress, within twenty-one days after
receipt of the latter written declaration, or, if Congress is not
in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the
President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as
Acting President; otherwise, the President shall resume the powers
and duties of his office.

 

82 Comments

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Obama not president, January 20, 2009, US Constitution, 20th Amendment, Joe Biden president, Obama not qualified, Chief Justice, John Roberts, US Supreme Court, Oath of office

Posted on January 19, 2009 | 19 comments

US Supreme Court
Chief Justice

John Roberts

and

President Elect

Barack Obama

 

According to the US Constitution, the supreme law of the
land, Barack Obama will not be President of the United
States at 12:00 noon on January 20, 2009. No Chief
Justice administering the oath of office, no oath sworn
by a “president elect” makes one president. There are 3
mandatory requirements to achieve a legal inauguration.

  • A qualified president elect.
  • Sufficient votes by the Electoral College.
  • Certification and count of Electoral College votes by
    Congress.

 

At noon on January 20, 2009, Joe Biden will be president
until a president shall be deemed qualified. This comes
direct from the 20th Amendment to the US Constitution.
“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;”

Further reading of the 20th Amendment reveals that Congress
may also determine if the vice-president is qualified. This
is part of the scenario of a constitutional crisis that
Philip J Berg and others have warned of. The language of
the 25th amendment includes options that may further heighten
the crisis level.

Amendment XX

Section 1. The terms of the President and Vice President shall
end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January,
of the years in which such terms would have ended if this article
had not been ratified; and the terms of their successors shall
then begin.

Section 2. The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of
January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice
President elect shall become President. 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.

 

Amendment XXV

Section 1. In case of the removal of the President from office or
of his death or resignation, the Vice President shall become
President.

Section 2. Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of
Congress.

Section 3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice President as
Acting President.

Section 4. Whenever the Vice President and a majority of either
the principal officers of the executive departments or of such
other body as Congress may by law provide, transmit to the
President pro tempore of the Senate and the Speaker of the House
of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of the
office as Acting President.

Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists,
he shall resume the powers and duties of his office unless the
Vice President and a majority of either the principal officers of
the executive department or of such other body as Congress may by
law provide, transmit within four days to the President pro tempore
of the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide
the issue, assembling within forty-eight hours for that purpose if
not in session. If the Congress, within twenty-one days after
receipt of the latter written declaration, or, if Congress is not
in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the
President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as
Acting President; otherwise, the President shall resume the powers
and duties of his office.

 

19 Comments

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Obama inauguration, January 20, 2009, Chief Justice John Roberts, Obama not eligible, Treason, US Constitution, Natural Born Citizen, Kenya, Indonesia, High Crimes and Misdemeanors, US Supreme Court, Electoral college, FBI arrest, Citizens arrest

Posted on January 19, 2009 | 33 comments

US Supreme Court
Chief Justice

John Roberts

and

President Elect

Barack Obama

Chief Justice Roberts:

You have been forewarned and informed of the eligibility
issues surrounding Obama. Such excuses as the people have
chosen are meritless in regard to your responsibility to
uphold the US Constitution. The Electoral College was
designed to protect the American people from just such
a constitutional crisis. You are certainly aware that
Obama has spent huge sums of money and employed an army
of attorneys to prevent being held accountable to the
US Constitution and American people.

Barack Obama is not eligible to be President of the United
States under the natural born citizen provision of the US
Constitution and until credible proof is provided, is not
even a US citizen.

Chief Justice Roberts, answer this question
for me and the American public.

If you swear in Barack Obama and Obama takes the oath,
can you explain to me and the American people why one of
the following should not occur?

  • Both you and Obama should be arrested by the FBI or the
    military for treason and High Crimes and Misdemeanors.
  • Both you and Obama should be arrested for the same offenses
    under the citizen’s arrest provision of common law and
    Washington DC statutes.
  • Both you and Obama should be Impeached for the same offenses.

We have been waiting.

We are still waiting.

** Addendum **

The following comments on this blog are so revealing of the
judicial travesty taking place and the outrage that typical
Americans are experiencing, that I was compelled to add them
to this post.

Commenter Therese:

“Let me add to this I no longer consider we have a government after
January 20,2009. I will no longer look to this government to solve
our problems since it clearly and deliberately turned its back on
the American people.

Not until every elected and appointed official on this current slate
is publicly exposed, removed. arrested, tried, and sent to jail for
misrepresentation, conspiracy, breach of fiduciary duty, and treason
will I ever again acknowledge this government.

Hence forward the nine Supreme court judges, all the Senate, all
Congress, and all judges who dismissed lawsuits against Obama on the
basis of standing are proven criminals who are getting away with more
crimes against the American people. They need to be named. Their
crimes need to belisted after their names, We need to let them know
not only will we never vote for them in another term, we will do
everything in our power to take them out of office before their term
ends.

Just what was the January 14, 2009 meeting between Justice Sh*t head
Roberts and Obama and Biden about? How to make more deals to rape the
Constitution and rip off America and get away with it?

Commenter Reese in response to above:

““Just what was the January 14, 2009 meeting between Justice Sh*t head
Roberts and Obama and Biden about? How to make more deals to rape the
Constitution and rip off America and get away with it?”

To say I was floored when I read the news item is an understatement.
A ‘ceremonial’ meeting between a president elect and justices of the
Supreme Court is somewhat traditional. HOWEVER, in this instance, it’s
flat out wrong. Chief Justice Roberts has cases on the docket where
Obama is the defendant or is the subject of the litigation. Roberts
and the other eight justices have already held two ‘Distribution for
Conferences’ on the Donofrio and Wrotnoski cases on Obama’s citizenship
ineligibility.

Does anyone see major conflict of interest here? How can Chief Justice
Roberts meet with Obama behind closed doors under such circumstances?
Even if they just chatted up the weather, it is highly inappropriate
in my humble opinion. Roberts should have notified Obama that under
the circumstances, he would not be able to meet with him, private or
with photogs in attendance. There must be zero appearance of any bias
or preference when it comes to judges and justices of the Supreme Court.

When a defendant in a case before the supreme court decided to fly one
of the judges, in the company jet, up for a few rounds of golf, and the
press reported it (because the judge in question was particularly hated
by the reporters), the judge was asked to “abstain” from the proceedings.
The court’s response was “get bent”. Do you remember the impeachment
proceedings held by congress? No? There weren’t any.

If a judge can take a bribe, in public, and suffer absolutely no
repercussions (not even waste a day in a congressional hearing), what
reason is there to not “take things into his office”?

If it wasnt for the huge amount of potentially ill gotten dollars obama
has been spreading around he would be a poor second for dog catcher. Now
it looks like he is buying supreme court judges, there is no way the
truth about him will surface if he has bought all parties that can shed
some truth on the fiction he is spewing.

He will be untouchable.

This is not how the system is supposed to work. I feel sorry for America
and the dim witted dolts that fell for his lies.”

33 Comments

Posted in Announcements, Barack Obama, Birth Certificate, Chief Justice, Citizen, Citizens for the truth about Obama, Civil Complaint, COLB, Congress, Democrats, District Court, DNC, Election, Election 2008, Election Boards, Election Law, Election update, Electoral College, Electors, FBI, Federal Court, Government, Hawaii, High Crimes and Misdemeanors, impeachment, Inauguration, indictment, Indonesia, John Roberts, Judges, Justice, Kenya, McCain Obama, Natural born citizen, News, Obama impeachment, Obama indictment, Obama Nation, Obama records, Politics, Senator Obama, Supreme Court, Supreme Court Justice, The Case Against Barack Obama, Treason, U.S. Supreme Court, United States, US Constitution, US House of Representatives, US Senate, Voter fraud, voters, Warrant

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RestoreTheConstitutionalRepublic.org, Restore the Constitutional Republic website, January 17, 2009, Dean Haskins Chairman, Blog, Forum, Videos, US Constitution, Obama not eligible, Obama not natural born citizen

Posted on January 17, 2009 | 220 comments

Dean Haskins, Chairman of Restore the Constitutional Republic has
just notified me that the new website is up. We have been working
with Dean and the group to inform congress, other officials and the
American public of the eligibility issues surrounding Barack Obama
and the importance of upholding the US Constitution. Even if Obama
is inaugurated, there is a groundswell of concern over violation
of the US Constitution, degradation of the rule of law and disregard
for this country. Please visit the new site and get involved in
saving this country.

New website description:

Welcome to Restore the Constitutional Republic

Restore the Constitutional Republic is an organization dedicated to those patriots who recognize that our government has become unresponsive to the will of those who desire . . . no demand . . . that our Constitution be upheld, defended, and preserved.

Our Beginnings . . .

During the latest presidential campaign, it became apparent to many Americans that there were some questions surrounding Barack Obama’s constitutional eligibility to be president of the United States. Several lawsuits were filed simply asking that he produce the necessary documentation to prove his “natural born” qualifications, as required by our Constitution. Article II states:

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.

Barack Obama Hired Lawyers

Instead of doing what every one of us has had to do (by just showing his birth certificate), Mr. Obama chose to fight the more than twenty lawsuits filed across the country (a number that continues to grow).

Knowing that common sense dictates that one doesn’t fight to hide something he doesn’t want kept secret, Restore the Constitutional Republic was born. We believe it is time to hold our government accountable, or to reclaim it for “We the People.”

Please join us in our forum and volunteer to help us take back America!

From the blog:

“Shall They Now Have Died in Vain?

January 17th, 2009

Dean C. Haskins

Before now, I never felt compelled to regard myself as a “patriot.” It’s not that I didn’t consider myself patriotic; it’s that nothing had occurred in my 49 years that even remotely challenged my deep, abiding trust in our Constitution. My national naivety ended in 2008. My political innocence was the victim of a brutal rape. The media-fueled presidential campaign that ubiquitously ravaged the senses and sensibilities of our general public, held remotely in its grasp a deceptively shrouded secret―an obfuscation so wily, so destructive of the pristine document that had brilliantly guided our republic, that only the most astute, watchful amongst us chose to voice their very founded concern.

Simply put, the Democratic National Committee chose a candidate for president who had never been required to produce even the most basic proof that he was constitutionally eligible to hold the office. That party cavalierly assumed that merely contriving a campaign with all the glitz and glitter of a broadway production would blind the common sense of common people (you know, those “smelly” Washington, DC tourists), and amidst the cunning smoke and mirrors in which they shrouded the ascension of their modern day messiah, they believed all the palm frond waving through which their deity entered the Jerusalem gates would preclude any possible question about his qualifications from those so far beneath them.”

Read more here:

http://restoretheconstitutionalrepublic.org/

220 Comments

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What is a Natural Born Citizen, December 31, 2008, Obama not natural born citizen, Obama’s father Kenyan, British rule, Obama born in Kenya?, US Constitution, Founding fathers, Obama lies, restoretheconstitutionalrepublic.org

Posted on December 31, 2008 | 12 comments

 

Exactly What IS a Natural Born Citizen?

 

 

 Why Obama is not eligible

 

What Hawaii Health Official really said

 

Latest information on court cases

12 Comments

Posted in Alan Keyes, Announcements, Barack Obama, Barry Soetoro, Berg, Birth Certificate, Citizens for the truth about Obama, COLB, Congress, Declaration of Independence, Democrats, DNC, Election, Election 2008, Election Boards, Election Law, Election update, Electoral College, Electors, factcheck.org, Federal Court, Founding Fathers, Government, Hawaii, impeachment, indictment, Indonesia, John McCain, Judges, Justice, Kenya, Keyes lawsuit, Leo Donofrio, McCain Obama, Natural born citizen, News, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, restoretheconstitutionalrepublic.org, Senator Obama, Supreme Court, Supreme Court Justice, The Case Against Barack Obama, U.S. Supreme Court, United States, US Constitution, US House of Representatives, US Senate, video, Voter fraud, voters, YouTube

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2008 Electoral College votes, Certification of Voters, State laws, US Constitution, Electors signed Certification, Certifications invalid, Obama ineligible, Violators should be prosecuted, Constitution violated

Posted on December 17, 2008 | 52 comments

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.

52 Comments

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2008 Election Certificate of Vote, Electoral College Electors, Minnesota Certificate, Secretary of State, US Constitution, Twelfth Amendment, Governor, Obama not eligible, Citizen Wells, Democratic Disaster, December 16, 2008, Al Franken, Norm Coleman controversy

Posted on December 16, 2008 | 17 comments

“Ignorance is not bliss.”

“Knowledge is Power.”

Minnesota could soon be famous for another 2008 Election
controversy aside from the Al Franken, Norm Coleman
senate race controversy. The Certificate of Voters must
be signed and mailed to the US Senate. If Minnesota uses
the same Certificate that was used in 2004, they had better
rethink sending it in without complying with the reference
to the Twelfth Amendment to the US Constitution. There are
2 places in the Twelfth Amendment that refer to presidential
eligibility:

“as in the case of the death or other
constitutional disability of the President.”

“But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice-President of the
United States.”

Everyone involved in the presidential election has an obligation
to uphold the US Constitution. MN has taken it one step further
and explicitly included it in their certificate.

One might ask how MN Electoral College Electors would know this.
The Citizen Wells blog along with organizations like Democratic
Disaster and many other people have been notifying election
officials in all 50 states regarding the serious eligibility
issues surrounding Barack Obama and the duties of all responsible.
In addition there are many court cases in state courts as well
as before the US Supreme Court. So, ignorance of the facts or
duties will be no excuse. Check the Certificate for signatures.
Those signing the 2008 Certificate without ensuring they are
complying with the Twelfth Amendment, are most certainly
guilty of “High Crimes and Misdemeanors” and certainly removal
from office.

California Certificate of Voters is questionable

Do we have any takers?

Anyone want to call the Governor or Secretary of State’s office in Minnesota?

Recall initiatives, impeachment, removal from office?

2004 MN Certificate of Vote

mncertofvote

17 Comments

Posted in Announcements, Attorney General, Barack Obama, Birth Certificate, Board of Elections, California, Citizens for the truth about Obama, Civil Complaint, COLB, Congress, Democratic Disaster, Democrats, DNC, Election, Election 2008, Election Boards, Election Law, Election update, Electoral College, Electors, FEC, Federal Court, Government, Hawaii, impeachment, indictment, Indonesia, John McCain, Judges, Justice, Kenya, McCain Obama, Minnesota, Natural born citizen, News, Obama impeachment, Obama indictment, Obama Nation, Obama records, PHILIP J. BERG, Politics, Secretary of State, Senator McCain, Senator Obama, Supreme Court, Supreme Court Justice, The Case Against Barack Obama, U.S. Supreme Court, United States, US Constitution, Voter fraud, voters

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2008 Election Certificate of Vote, Electoral College Electors, California example, Secretary of State, US Constitution, Governor, Alan Keyes, Lawsuit, Obama not eligible, Citizen Wells, Democratic Disaster, December 16, 2008

Posted on December 16, 2008 | 43 comments

“Ignorance is not bliss.”

“Knowledge is Power.”

The Citizen Wells blog and many other citizens have been busy for months
informing state officers, election officials, Electoral College Electors
and judges of eligibility issues surrounding Barack Obama and reminding
those people of their duty under the US Constitution, federal and state
laws. Despite these warnings and reminders, the states have plodded along
based on tradition, ignorance and party politics. Numerous lawsuits in
state and federal courts as well as the US Supreme court should have served
as a huge warning that something was wrong. We need someone like Harry
Truman to remind everyone that “The buck stops here.”

The Electoral College met yesterday and the next step in the process is for
state officials to prepare a certificate of vote and send it to the US Senate
and other locations described below. This is a very important document and in
highest sense of the word a legal document. The format of the document is
left up to the states. Remember, all of those people involved in the election
process are sworn to uphold the US Constitution. However, some of the states
have wording in their documents as a reminder of the obligation to uphold
the various laws.

We will focus on California for multiple reasons.

The following is taken from the 2004 certificate of vote:

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

From the dictionary:

pursuant to

in conformance to or agreement with; “pursuant to our agreement”; “pursuant to the dictates of one’s conscience”  

Now consider the following:

Electoral College Questions and Answers

Citizen Wells letter to Electoral College Electors

The Alan Keyes lawsuit is still alive questioning the eligibility
of Barack Obama.

The CA Secretary of State was contacted by the Citizen Wells blog,
the Democratic Disaster organization and numerous other entities.

It is clear to even a casual observer that Barack Obama is not
eligible to be president and that Electors in CA and throughout
the nation, despite compelling evidence that Obama is not eligible,
plodded along and engaged in the worst kind of party politics, and
violated the US Constitution.

2004 CA Certificate of Vote

cacertofvote2004

Electoral College Vote and subsequent procedures:

4.   Hold the Meeting of Electors
On the first Monday after the second Wednesday in December (December 15, 2008), the electors meet in their respective States. Federal law does not permit the States to choose an alternate date for the meeting of electors – it must be held on December 15, 2008. The State legislature may designate where in the State the meeting will take place, usually in the State capital. At this meeting, the electors cast their votes for President and Vice President.

If any electors are unable to carry out their duties on the day of the Electoral College meeting, the laws of each State would govern the method for filling vacancies. Any controversy or contest concerning the appointment of electors must be decided under State law at least six days prior to the meeting of the electors.

See Title 3, Section 6 of the U.S. Code
There is no Constitutional provision or Federal law requiring electors to vote in accordance with the popular vote in their States. Some States have such requirements.

5.   Prepare the Certificate of Vote
Federal law does not govern the general appearance of the Certificate of Vote. The format is determined under the law or custom of the submitting State. The electors must execute six Certificates of Vote. Federal law requires that the Certificates be prepared and authenticated in the following manner:
The Certificates of Vote must contain two distinct lists, one for President and one for Vice President.
The Certificates must list all persons who received electoral votes for President and the number of electors who voted for each person.
The Certificates must list all persons who received votes for Vice President and the number of electors who voted for each person.
The Certificates do not contain the names of persons who did not receive electoral votes.
Each of the six Certificates of Vote must be signed by all of the electors.

One of the six Certificates of Ascertainment provided to the electors by the Governor must be attached to each of the six Certificates of Vote.

Finally, each of the six pairs of Certificates must be sealed and certified by the electors as containing the list of electoral votes of that State for President and Vice President.
6.   Distribute the Paired Certificates of Vote and Certificates of Ascertainment
The six pairs of Certificates must be sent to the designated Federal and State officials as follows:
One is sent by registered mail to:
The Honorable Richard B. Cheney
President of the United States Senate
The Capitol
Washington, DC 20510

Two are sent by registered mail to:
Allen Weinstein
Archivist of the United States
National Archives and Records Administration
c/o Office of the Federal Register (NF)
8601 Adelphi Road
College Park, MD 20740-6001

Two are sent to:

The Secretary of State of each State.

One of these is held subject to the order of the President of the United States Senate or the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist.
The other one is to be preserved by the Secretary of State for public inspection for one year.
One is sent to:

The Chief Judge of the Federal District Court located where the electors meet.

It is held subject to the order of the President of the United States Senate or the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist.
The statutory deadline for the designated Federal and State officials to receive the electoral votes is December 24, 2008. Because of the very short time between the meetings of the electors in the States on December 15 and the December 24 statutory deadline, followed closely by the counting of electoral votes in Congress on January 6, 2009, it is imperative that the Certificates be mailed as soon as possible.

We strongly recommend that the sealed pairs of Certificates be taken to the Post Office on December 15, or no later than the morning of December 16, to minimize delays that could occur during the holiday mail season. Some States may find it useful to alert their local Postmaster to the extraordinarily important nature of the mailing. When the paired Certificates of Vote and Certificates of Ascertainment have been delivered to the designated Federal and State officials, the States’ Electoral College duties are complete.

Prior to the election this year, the Legal Staff of the Office of the Federal Register will telephone Secretaries of State and other election officials to establish contact with the States and assure the smooth operation of the Electoral College process.

Read more here:

http://www.archives.gov/federal-register/electoral-college/state_responsibilities.html#vote

 

43 Comments

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2008 US Presidential Election, Electoral College, Electors, US Constitution, Federal Election Law, State Election Laws, State officers, State Election Officials, Judges, US Supreme Court Justices, Democratic Disaster, Questions and answers

Posted on December 13, 2008 | 33 comments

“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

Presidential Election

Electoral College Questions and Answers

Q: What is the Electoral College?:

A: The Electoral College was established by the founding fathers
as a compromise between election of the president by Congress and
election by popular vote. The people of the United States vote for
the electors who then vote for the President. Read more

Q: Frequently asked questions:

A: Read more here

Q: Why did the Founding Fathers create the Electoral College?:

A:  The Founding Father’s intent

Here is a quote by Alexander Hamilton who, like many of the founding
fathers, was “afraid a tyrant could manipulate public opinion and come
to power.” Hamilton wrote in the Federalist Papers:

“It was equally desirable, that the immediate election should be made
by men most capable of analyzing the qualities adapted to the station,
and acting under circumstances favorable to deliberation, and to a
judicious combination of all the reasons and inducements which were
proper to govern their choice. A small number of persons, selected by
their fellow-citizens from the general mass, will be most likely to
possess the information and discernment requisite to such complicated
investigations. It was also peculiarly desirable to afford as little
opportunity as possible to tumult and disorder. This evil was not least
to be dreaded in the election of a magistrate, who was to have so
important an agency in the administration of the government as the
President of the United States. But the precautions which have been so
happily concerted in the system under consideration, promise an
effectual security against this mischief.”

Q: What are the state laws governing Electors?:

A: List of states and restrictions on Electors

Q: What are so called “Faithless Electors”?:

A: “The Supreme Court has held that the Constitution does not require
that electors be completely free to act as they choose and therefore,
political parties may extract pledges from electors to vote for the
parties’ nominees. Some State laws provide that so-called “faithless
electors” may be subject to fines or may be disqualified for casting
an invalid vote and be replaced by a substitute elector. The Supreme
Court has not specifically ruled on the question of whether pledges
and penalties for failure to vote as pledged may be enforced under
the Constitution. No elector has ever been prosecuted for failing to
vote as pledged.” Read more here

The US Supreme Court Obviously has not given Electors the option to
violate the US Constitution. Therefore, obviously, if the presidential
candidate is qualified, party pledges and state laws are permissable.

Q: What must an Elector be aware of when voting for a presidential candidate?:

 A: The following are important considerations when casting a vote. Voting
as instructed by a political party, another person, or a state law in
conflict with the US Constitution or Federal Election Laws is a serious
matter. Those not voting in accordance with higher laws are subject to
prosecution and may be guilty of “High Crimes and Misdemeanors.”
High Crimes and Misdemeanors

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.”

Are Electors required to vote according to Popular Vote?

“There is no Constitutional provision or Federal law that requires
electors to vote according to the results of the popular vote in
their States. Some States, however, require electors to cast their
votes according to the popular vote. These pledges fall into two
categories—electors bound by State law and those bound by pledges
to political parties.”   (From US National Archives)

So called “Faithless Electors”

“It turns out there is no federal law that requires an elector to
vote according to their pledge (to their respective party). And so,
more than a few electors have cast their votes without following the
popular vote or their party. These electors are called “faithless
electors.”

In response to these faithless electors’ actions, several states
have created laws to enforce an elector’s pledge to his or her party
vote or the popular vote. Some states even go the extra step to
assess a misdemeanor charge and a fine to such actions. For example,
the state of North Carolina charges a fine of $10,000 to faithless
electors.

It’s important to note, that although these states have created these
laws, a large number of scholars believe that such state-level laws
hold no true bearing and would not survive constitutional challenge.”
Read more here

State Law Example: Pennsylvania

Ҥ 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.”

“The mysteries of the Electoral College has enabled Pennsylvania
to play an unusually major role in determining who is President.
In 1796, Thomas Jefferson defeated John Adams in Pennsylvania’s
popular election by only 62 votes, but the Pennsylvania electors
gave Jefferson 14 votes and Adams 1, though Adams did win the
Electoral vote, 71 to 68.” Read more here

Electors helped save the Union

1860 election: 4 electors in New Jersey, pledged for Stephen Douglas,
voted for Republican candidate Abraham Lincoln.

Q: What happens after the Electoral College vote?:

A: Electoral College procedures

Q: What is the significance of your vote?:

A: The US Constitution clearly gives the states the power
and duties associated with electing a qualified president.
It is also clear that the states have not performed their
duties to ensure that the Electoral College votes will be
for a Qualified candidate. The Electors have a constitutional
duty to perform that supersedes any party contract or state
law. Each day that passes without verification of eligibility
of any candidate being voted for by Electors, brings us closer
to a constitutional crisis. There are pending court cases before
the US Supreme Court and state courts. Congress will meet in
January to count and certify votes and there will certainly be
challenges in Congress. If Congress or the courts shall fail to
do their duty, a Supreme Court Justice will be faced with a
decision to uphold the Constitution. The crisis will increase
in intensity.

If anyone has any further questions they can be asked on this
blog or go to:

http://www.democratic-disaster.com/


Disclaimer: The views expressed in this article are those of the
Citizen Wells blog. Every effort has been made to ensure the
accuracy of the content. Readers are encouraged to visit source
material such as the US Constitution, Federal Election law and
state laws.

33 Comments

Posted in Announcements, Attorney General, Barack Obama, Birth Certificate, Board of Elections, Chief Justice, COLB, Democratic Disaster, Democrats, DNC, Election, Election 2008, Election Boards, Election Law, Election update, Electoral College, Electors, FEC, Federal Court, Founding Fathers, Government, History, John McCain, Judges, Justice, McCain Obama, Natural born citizen, News, Pennsylvania voters, republicans, Secretary of State, Senator McCain, Senator Obama, Supreme Court, Supreme Court Justice, U.S. Supreme Court, United States, US Constitution, Voter fraud, voters

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James Schneller Petition, Pennsylvania Supreme Court, Writ of mandamus, Injunction, Pennsylvania Secretary of the Commonwealth, Demand proof from Senator Barack Obama, Natural born citizen, US Constitution, Prevent certification of the vote, Electors meeting, December 9, 2008

Posted on December 9, 2008 | 17 comments

I received the following comment on this blog from James Schneller:

“Submitted on 2008/12/08 at 11:45pm
I’ve filed a petition for review No, 199 MM 2008, to the Pennsylvania Supreme Court, seeking a writ of mandamus and an immediate injunction ordering the Pennsylvania Secretary of the Commonwealth to demand proof from Senator Barack Obama of his sworn statement, filed with his application for placement on the ballot, that he is qualified as a natural born citizen under the United States Constitution.

The petition seeks urgent attention to the requested injunction and additionally requests an injunction preventing the certification of the vote and of the Pennsylvania electors ballot, by the Secretary, including any certification to Pennsylvania’s Governor, and postponing of the scheduled meeting of the electors, which by law usually occurs on the third Monday of December.

I seek in the request for injunction, a submitting of proof of birthplace and of any additional elements required to be a natural born citizen, by Senator Obama, prior to the certification of the electors’ vote by the State to the Governor, and prior to certification that would then occur to the Joint Session of Congress, which would convene for the purpose of formalizing the electoral vote in early January.

If the candidate has not shown his eligibility under the Constitution, the electors should not have their votes certified, their votes should not be tallied in the traditional meeting before the Governor, nor should the certified ballots be lodged with the President of the Senate, nor the joint session of Congress early in January.

It is astounding that no official has demanded proof of this gentleman’s eligibility under what is a most simple and basic requirement for the Presidency. A bare statement by the Hawaii Health Director that they have a valid birth certificate is completely insufficient, and the fact that Senator Obama apparently has placed a doctored “certificate of live birth” on the internet, and may have falsely sworn in his candidate affidavits in thirty or more states, should put every American on notice that the Presidency may be being sought invalidly.

Under my request, the Secretary of the Commonwealth should be ordered to quickly demand proof. If Mr. Obama’s birth certificate is as he says, he has 20 days to produce it, and the Pennsylvania officials will still have 10 days to transmit the ballot to Washington.”

17 Comments

Posted in Announcements, Barack Obama, Barry Soetoro, Berg, Birth Certificate, Board of Elections, Chief Justice, Citizens for the truth about Obama, Civil Complaint, COLB, Cort Wrotnowski, Democrats, DNC, Dr. Orly Taitz, Election, Election 2008, Election Boards, Election Law, Election update, Electoral College, Electors, FEC, Federal Court, Government, Hawaii, impeachment, indictment, Indonesia, John McCain, Judges, Justice, Kenya, Leo Donofrio, McCain Obama, Natural born citizen, News, Obama impeachment, Obama indictment, Obama Nation, Obama records, Pennsylvania voters, PHILIP J. BERG, Politics, Secretary of State, Senator McCain, Senator Obama, Supreme Court, Supreme Court Justice, The Case Against Barack Obama, U.S. Supreme Court, United States, US Constitution, Voter fraud, voters

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