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20th Amendment Sct3: "if the President elect shall have failed to qualify"
Constitution of the United States ^ | January 23, 1933 | US Constitution

Posted on 12/09/2008 9:59:02 AM PST by Kevmo

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.


TOPICS: History; Miscellaneous; Reference; Society
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Notice that the order of events is spelled out: if the President elect shall have failed to qualify. That means the qualification takes place AFTER the General Public votes, and even AFTER the Electoral College. It also shows explicitly that the ELECTION RESULTS ARE SUBORDINATE TO QUALIFICATION.

Further resources and copies of the constitution:

http://en.wikipedia.org/wiki/Twentieth_Amendment_to_the_United_States_Constitution

http://www.usconstitution.net/const.html

1 posted on 12/09/2008 9:59:03 AM PST by Kevmo
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To: Kevmo

links:

http://en.wikipedia.org/wiki/Twentieth_Amendment_to_the_United_States_Constitution

http://www.usconstitution.net/const.html

www.law.emory.edu/FEDERAL/usconst.html


2 posted on 12/09/2008 9:59:53 AM PST by Kevmo (Palin/Hunter 2012)
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To: LucyT; SE Mom; Calpernia; pissant; Polarik

For your respective ping lists

Notice that the order of events is spelled out: if the President elect shall have failed to qualify. That means the qualification takes place AFTER the General Public votes, and even AFTER the Electoral College. It also shows explicitly that the ELECTION RESULTS ARE SUBORDINATE TO QUALIFICATION.


3 posted on 12/09/2008 10:01:04 AM PST by Kevmo (Palin/Hunter 2012)
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To: Kevmo

You’d think that even a bunch of ossified old pharts sitting on SCOTUS could figure this out.


4 posted on 12/09/2008 10:04:21 AM PST by tgusa (Gun control: deep breath, sight alignment, squeeze the trigger ....)
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To: Kevmo

You’d think that even a bunch of ossified old pharts sitting on SCOTUS could figure this out.


5 posted on 12/09/2008 10:09:44 AM PST by tgusa (Gun control: deep breath, sight alignment, squeeze the trigger ....)
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To: Kevmo

If they can ignore the 20th amendment can we ignore the 16th amendment?

It gives the government to power to collect taxes via payroll with holding.


6 posted on 12/09/2008 10:12:38 AM PST by stockpirate (Left ignores Constitution except 16th amendment, can we ignore the 16th amendment?)
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To: tgusa
They know this, but after the 2000 ruling in the Presidential election, I don't think they want to touch this with a 10’ pole, regardless of its merit.
7 posted on 12/09/2008 10:13:16 AM PST by econjack (Some people are as dumb as soup.)
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To: tgusa
My fear, is that the SCOTUS will blink at the prospect of massive race riots by blacks incensed that their con artist and corrupt “bro” was denied the fruits of his crimes....

What are rational folks to think of a President elect who refused to provide and spends a fortune to deny the electorate proof of his qualifications to serve?

Of course the Birth Certificate contains SOME information he MUST conceal....for whatever reason...

8 posted on 12/09/2008 10:13:23 AM PST by river rat (Semper Fi - You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: Kevmo

It would go to Biden...temporarily...Then what??


9 posted on 12/09/2008 10:17:45 AM PST by Sacajaweau (I'm planting corn...Have to feed my car...)
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To: Kevmo

Unfortunately, at this point, he’s qualified.

The “people” asked the state of Hawaii if Obama was born there. They said yes. The court thinks that’s good enough. End of story.

If the Supreme Court took the case, I can guarantee you they will just ask the state of Hawaii to show them the birth certificate, and then the court will just say “looks good enough to me”, regardless of any other evidence that’s presented. There is no way they are going to believe any of the other evidence more than they will believe a government making an official statement.

No good can possibly come from pursuing it anymore, regardless of the rightness of the cause. You don’t always get to win. It is time to work on doing things that will lead to victory.


10 posted on 12/09/2008 10:19:33 AM PST by mhx
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To: Sacajaweau
"It would go to Biden...temporarily...Then what??"

Then it goes to whomever the Congress decides. My guess Hillary.

11 posted on 12/09/2008 10:20:58 AM PST by Jersey Republican Biker Chick (You cannot help the wage earner by pulling down the wage payer.)
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To: river rat

Well .... either they vote to uphold the Constitution, or they don’t. Simple as that.


12 posted on 12/09/2008 10:23:03 AM PST by tgusa (Gun control: deep breath, sight alignment, squeeze the trigger ....)
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To: stockpirate
If they can ignore the 20th amendment can we ignore the 16th amendment?

Unfortunately the 16th amendment is about what the government is allowed to do, not the people. So we can't ignore it unless we feel like getting arrested.

On the other hand, if you want to elect me to the government, I promise to not use my powers under the 16th amendment to collect taxes from anyone :-)

13 posted on 12/09/2008 10:24:18 AM PST by mhx
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To: Sacajaweau

That’s now how I read it. It looks to me like Dick Cheney becomes President temporarily, until Congress chooses a replacement.


14 posted on 12/09/2008 10:24:18 AM PST by B Knotts (ConservatismCentral.com)
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To: Kevmo

The Obama/Biden electors, because they were elected by fraud, have no standing.


15 posted on 12/09/2008 10:24:37 AM PST by bvw
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To: Kevmo; LucyT; SE Mom; Calpernia; pissant; Polarik

Great post!

That means that between the date the electors are scheduled to vote, December 15, and the date of any swearing-in, Jan 20, there is time to test O’s qualifications.

The specific date set out during that period on which to object to O’s qualification, is Jan 8. That is the date of the joint session of Congress in which the votes of the electors are to be counted. On that date, members of Congress may present specific objections based on whether O is natural born.

See 3 USC 15 on my About page for more detail and what action Americans can take.


16 posted on 12/09/2008 10:25:52 AM PST by frog in a pot (Is there a definition of "domestic enemies" as used in federal oaths, or is that just lip service?)
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To: stockpirate

The government can do whatever it wants, whenever it wants.

What little remains of fidelity to the Constitution is simply a charade to confer legitimacy upon the caprices of our rulers.


17 posted on 12/09/2008 10:30:01 AM PST by oblomov
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To: Kevmo

This is the part I don’t like - Congress picking our President.

“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.”

I.E. Congress selecting one who is qualified - Hillary


18 posted on 12/09/2008 10:33:32 AM PST by rjp2005 (Lord have mercy on us)
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To: Kevmo; stockpirate; Calpernia; Fred Nerks; null and void; pissant; george76; PhilDragoo; Candor7; ..

Thank you, Kevmo.

“Notice that the order of events is spelled out: if the President elect shall have failed to qualify. That means the qualification takes place AFTER the General Public votes, and even AFTER the Electoral College. It also shows explicitly that the ELECTION RESULTS ARE SUBORDINATE TO QUALIFICATION.”

Ping.

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Thanks, stockpirate and autumnraine.

Why the media blackout on Obama’s citizenship

http://www.freerepublic.com/focus/f-news/2145565/posts

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#55:

http://www.freerepublic.com/focus/news/2145328/posts?page=55#55

Contemplate #54:

http://www.freerepublic.com/focus/news/2145328/posts?page=54#54

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Thanks, BP2:

http://www.freerepublic.com/focus/news/2145544/posts?page=161#161

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Challenging Obama’s Eligibility Only Steps from the White House

http://www.freerepublic.com/focus/f-backroom/2145594/posts

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MHGinTN’s post #155:

http://www.freerepublic.com/focus/news/2145500/posts?page=155#155

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On an earlier thread, autumnraine stated, “at the end it seemed Biden was trying to keep Obama from being elected.”


19 posted on 12/09/2008 10:34:14 AM PST by LucyT (...............Don't go wobbly now..............)
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To: Kevmo

Kevmo! My Birther hero!


20 posted on 12/09/2008 10:35:01 AM PST by autumnraine (Churchill: " we shall fight in the fields and in the streets, we shall never surrender")
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To: Jersey Republican Biker Chick

“My guess Hillary.”

That is the money bet, and I suspect Hillary’s bet from the beginning.

The ruling Republicans did not look at the evidence in the Clinton senate trial and gave him a pass on the theory it would be worse to have Gore sit as president.

Such thinking may be at work today. However, notwithstanding Hillary is also a Marxist, history suggests an O presidency would be more damaging.


21 posted on 12/09/2008 10:36:11 AM PST by frog in a pot (Is there a definition of "domestic enemies" as used in federal oaths, or is that just lip service?)
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To: B Knotts
That’s now how I read it. It looks to me like Dick Cheney becomes President temporarily, until Congress chooses a replacement.

As of January 20th Cheney is no longer vice president so he can't serve. It means the vice-president elected in November, or Biden in this case.

22 posted on 12/09/2008 10:38:26 AM PST by Non-Sequitur
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To: frog in a pot

We are screwed no matter what....


23 posted on 12/09/2008 10:39:11 AM PST by Jersey Republican Biker Chick (You cannot help the wage earner by pulling down the wage payer.)
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To: river rat

I’ve posted before and I’ll continue to post this.

Fear of aggression is NEVER EVER a reason to bow to breaking the law.

Angry mobs used to hang up and kill people before a trial. That was wrong then, it is wrong now.


24 posted on 12/09/2008 10:41:41 AM PST by autumnraine (Churchill: " we shall fight in the fields and in the streets, we shall never surrender")
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To: Kevmo
or if the President elect shall have failed to qualify

The Framers expected that at some point the voters might be fooled by someone who was not legally eligible. They expected to have all the facts in before the inauguration.

25 posted on 12/09/2008 10:43:33 AM PST by Yaelle
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To: Jersey Republican Biker Chick

“My guess Hillary.”

That is the money bet, and I suspect Hillary’s bet from the beginning.

The ruling Republicans did not look at the evidence in the Clinton senate trial and gave him a pass on the theory it would be worse to have Gore sit as president.

Such thinking may be at work today and Republicans may not take effeective action on Jan 8. However, notwithstanding Hillary is also a Marxist, history suggests an O presidency would be more damaging.


26 posted on 12/09/2008 10:47:25 AM PST by frog in a pot (Is there a definition of "domestic enemies" as used in federal oaths, or is that just lip service?)
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To: oblomov
"What little remains of fidelity to the Constitution is simply a charade to confer legitimacy upon the caprices of our rulers."

Well said.

27 posted on 12/09/2008 10:47:36 AM PST by Earthdweller (Socialism makes you feel better about oppressing people.....)
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To: rjp2005
This is the part I don’t like - Congress picking our President.

After thoroughly researching this subject, I find that I will be perfectly satisfied if we stick to the Constitution. If that means Biden or Hillary would be President, then fine. We need the Constitution for a million other essential reasons in the future. Trashing it now will kill us later. Not just people; it will kill our great Republic.

It's not so much about who is President for me at this point. It's the Broken Window Theory now.

28 posted on 12/09/2008 10:48:00 AM PST by Yaelle
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To: mhx

“The “people” asked the state of Hawaii if Obama was born there. They said yes. The court thinks that’s good enough. End of story.”

Really? When did that happen?


29 posted on 12/09/2008 10:50:27 AM PST by autumnraine (Churchill: " we shall fight in the fields and in the streets, we shall never surrender")
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To: Kevmo

WOW.

Now . . . IF only . . . we were dealing with reasonable honorable people instead of Marxist globalist traitors in every major institution in D.C.


30 posted on 12/09/2008 10:51:41 AM PST by Quix (LAWLESS LEADER QUOTES FM 1900: http://www.freerepublic.com/focus/religion/2130557/posts?page=81#81)
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To: Jersey Republican Biker Chick

????
Sorry for the double post, long delay, didn’t show as posted.

“We are screwed no matter what....”

It isn’t over yet, and you may be correct. In which event, we will have been screwed by those we hired to prevent our getting screwed. There are other words for that.


31 posted on 12/09/2008 10:54:13 AM PST by frog in a pot (Is there a definition of "domestic enemies" as used in federal oaths, or is that just lip service?)
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To: mhx

“If the Supreme Court took the case, I can guarantee you they will just ask the state of Hawaii to show them the birth certificate, and then the court will just say “looks good enough to me”, regardless of any other evidence that’s presented.”

Will you purchase a cash bond to ensure your guarantee?
If so, scan it and then post it here. Otherwise, fuggedaboutit.


32 posted on 12/09/2008 10:55:46 AM PST by tumblindice ("Leave Barack alone!" Scores of FR noobs & boobs)
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To: frog in a pot
“We are screwed no matter what....”

Because truth has become stranger than fiction and because we need a laugh, a buddy of mine told me a good one the other evening over adult beverages.

He said he envisions VP Chaney, as President of the Senate and tasked with making the final count/verification of votes from the Electoral College, pulling a Minnesota and throwing all the votes in the trunk of his car and just driving into the sunset.

Hey...sounded good after a few :)

33 posted on 12/09/2008 11:01:31 AM PST by IrishPennant (Patriotism is strongest when accompanied by bad politics, loyal FRiends and great whiskey)
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To: autumnraine

(crickets)


34 posted on 12/09/2008 11:08:31 AM PST by TigersEye (This is the age of the death of reason.)
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To: Jersey Republican Biker Chick
Then it goes to whomever the Congress decides. My guess Hillary.

And she would be "...honored to serve in this time of national distress..."

35 posted on 12/09/2008 11:11:29 AM PST by TigersEye (This is the age of the death of reason.)
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To: IrishPennant

Blends in nicely with the fact that Russia apparently has an extraordinarily high rate of alcoholism.
Providing a massive amount of cheap vodka may be an effective means of forestalling a revolution.
However, I believe Irish men and women are capable of drinking and revolting at the same time (smile).


36 posted on 12/09/2008 11:14:16 AM PST by frog in a pot (Is there a definition of "domestic enemies" as used in federal oaths, or is that just lip service?)
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To: B Knotts

It says vp elect...


37 posted on 12/09/2008 11:18:18 AM PST by Sacajaweau (I'm planting corn...Have to feed my car...)
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To: Kevmo
"if the President elect shall have failed to qualify"

The flaw is in your assumption that the words in the Constitution have meaning in law. Feelings have replaced the meaning the words the Supreme Law of the Land once conveyed.

38 posted on 12/09/2008 11:18:23 AM PST by MosesKnows (Love many, Trust few, and always paddle your own canoe)
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To: mhx
There is no way they are going to believe any of the other evidence more than they will believe a government making an official statement.

Is that why the Governor of Illinois was arrested and hauled off to jail? I guess they didn't believe THAT government, did they?

-PJ

39 posted on 12/09/2008 11:18:42 AM PST by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
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To: rjp2005

I don’t see where it says that Congress gets to select the President. To me it says that they can select someone who will “act” as President until another President has qualified.

The question in my mind is how does a subsequent candidate become the President and then qualify?

Does the electoral college choose from among the remaining candidates? Do we have another national election?

Moot, I guess. Biden will not fail to qualify.


40 posted on 12/09/2008 11:19:58 AM PST by BuckeyeTexan
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To: Yaelle

I am so with you. I don’t expect to get a Republican President out of this! I expect for our Constitution not to be worthless.


41 posted on 12/09/2008 11:20:22 AM PST by autumnraine (Churchill: " we shall fight in the fields and in the streets, we shall never surrender")
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To: frog in a pot

Oh, cr**...Hillary...Bubba would be her Secretary of State AND she would get what’s left of Obama’s purse. Obama would get UN rep...”President of the World” in his eyes.


42 posted on 12/09/2008 11:20:45 AM PST by Sacajaweau (I'm planting corn...Have to feed my car...)
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To: frog in a pot
You are right...I can see the family resemblance now that you mention it.

Photobucket

43 posted on 12/09/2008 11:21:40 AM PST by IrishPennant (Patriotism is strongest when accompanied by bad politics, loyal FRiends and great whiskey)
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To: Yaelle
I give a lot of credit to the foresight of the Framers to the Constitution, but the 20th amendment was submitted to Congress in 1932.

-PJ

44 posted on 12/09/2008 11:22:49 AM PST by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
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To: Political Junkie Too

“I give a lot of credit to the foresight of the Framers to the Constitution, but the 20th amendment was submitted to Congress in 1932.”

You point is well taken. However, it is obvious the authors of any amendment are yet framing the constitution or, at a minimum, reframing the constitution.


45 posted on 12/09/2008 11:36:11 AM PST by frog in a pot (Is there a definition of "domestic enemies" as used in federal oaths, or is that just lip service?)
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To: Kevmo

First 0bama IS NOT President-Elect until the Electoral College votes and the votes are counted in Congress. Biden should have no trouble qualifying as Acting President, since he actually was born in the US. He’s an idiot, but unfortunately that doesn’t disqualify him. If 0bama is permanently disqualified, which being foreign born would do, I would guess that Biden would nominate Hildabeast to be President of Vice. Once confirmed, I’d expect Biden to suffer another another “brain attack” or meet with an unfortunate accident and the Beast becomes President.


46 posted on 12/09/2008 11:37:29 AM PST by The Sons of Liberty (NO Kenyan Usurpers in the White House - NObama !)
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To: IrishPennant

Every once in a while a post will make me involuntarily laugh out loud.
Thanks.


47 posted on 12/09/2008 11:51:51 AM PST by frog in a pot (Is there a definition of "domestic enemies" as used in federal oaths, or is that just lip service?)
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To: The Sons of Liberty

Vox Populi said CHANGE!!!!!, but d9d they mean the Constitution?
barbra ann


48 posted on 12/09/2008 11:55:59 AM PST by barb-tex
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To: river rat
"My fear, is that the SCOTUS will blink at the prospect of massive race riots by blacks incensed that their con artist and corrupt “bro” was denied the fruits of his crimes...."

I simply don't believe that is true. It is more that the members of the Court see no credible evidence that Obama's qualification is doubtful. That should be a signal to some folks.

Some of the very same people who thought Thomas, Alito and Roberts were the greatest guys in the world now seem to believe that they would totally ignore the Constitution for political reasons.

49 posted on 12/09/2008 12:03:56 PM PST by JustaDumbBlonde (America: Home of the Free Because of the Brave)
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To: mhx
The “people” asked the state of Hawaii if Obama was born there. They said yes. The court thinks that’s good enough. End of story.

Wow!! They said that. Yup, end of story. How could we have all missed this? Boy, were we wrong.

50 posted on 12/09/2008 12:04:47 PM PST by Red Steel
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