Posted on 09/18/2004 9:50:53 AM PDT by zakker500
I will try to keep this as brief as possible. There has been much speculation about John F. Kerry being "Unfit for Command", but it actually appears that he is constitutionally unqualified for command. Section 3 of the 14th Amendment to the United States Constitution states that; "No person shall be a Senator ... Representitive ... President ... Vice President, or hold any office, ... who, having previously taken an oath ... as an officer of the United States ... to support the Constitution of the United States, shall have engaged in insurection or rebellion against the same, or given aid or comfort to the enemies thereof ... " If this doesn't describe the Democratic nominee for President, then what does? Kerry is unqualified to hold his current position, much less the one he is seeking since, by his own admission to Congress in April of 1971, he met with the communists of North Viet Nam! These meetings took place in May of 1970, in Paris, while he was still an officer in the United States Navy. The mere fact that these unauthorized meetings occurred is, in of itself, giving aid and comfort to the enemy, in addition to violating various other U.S. law.
Zak
This has been discussed several times here on FR over the past several months (FR is ALWAYS on the leading edge!!).
Unfortunately Kerry MUST be charged, tried, and convicted of having done so before the prohibitions contained in the 14th Amendment can be invoked. Charges will NEVER be brought, and even if they were, it is too late for this election cycle.
War against the VC revolutionaries was never declared by an Act of Congress. So, I think that trying to build a legal case against Kerry on this issue is a waste of time. Inform the voting public about his activities in Paris and Hanoi, and let them decide at the polls. JMHO.
Did we actually declare war against Vietnam. That may be the biggest sticking point.
FReepers are key in getting the word out about the Swiftees who are EXPOSING KERRY'S FRAUD!
These Swiftee stickers get the word out to the driving public and displays your public support for the Swift Boat Veterans for Truth! It even displays their website address!
Swiftee sticker thread! Freep mail for details on how to get yours!
If you don't indict him, he walks.
Wouldn't the Swiftboat Vets for Truth be the ideal people to do this? They have the moral ground, the background, and the wherewithall to do it. How about it, Swifties?
Kerry is a "war hero"--for the Commies of Vietnam. He is considered a hero by the unrepentant communist regime. There is a memorial dedicated to him in Hanoi as one of those who helped "liberate" S. Vietnam. That's all you need to know about Kerry.
BTTT
That would be devastating!
IMO, Kerry is unqualified to be an American!
This should be a SWIFT BOAT VETS ad!!! This is a great idea, send it to them.
I read somewhere that Jimmy Carter issued aome sort of blanket pardon to Vietnam draft-dodgers. Not sure if it extended to all anti-war activities, but I think that may be why legal types like Hugh Hewitt aren't biting.
Can someone find the text of this case defining "engaged in rebellion?": United States v. Powell, 27 Fed. Cas. 605 (C.C.D.N.C. 1871) (No. 16,079)
It does not appear that a conviction is necessary since it applied in a blanket way to many thousands of people automatically after the Civil War:
Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Findlaw (Annotated Constitution Amendment 14 Sec. 3)
http://caselaw.lp.findlaw.com/data/constitution/amendment14/37.html#1
SECTIONS 3. DISQUALIFICATION
The right to remove disabilities imposed by this section was exercised by Congress at different times on behalf of enumerated individuals. [footnote 71] In 1872, the disabilities were removed, by a blanket act, from all persons ''except Senators and Representatives of the Thirty-sixth and Thirty-seventh Congresses, officers in the judicial, military and naval service of the United States, heads of departments, and foreign ministers of the United States.'' [footnote 72] Twenty-six years later, Congress enacted that ''the disability imposed by section 3 . . . incurred heretofore, is hereby removed.'' [footnote 73]
[Footnote 71] E.g., and notably, the Private Act of December 14, 1869, ch.1, 16 Stat. 607.
[Footnote 72] Ch. 193, 17 Stat. 142.
[Footnote 73] Act of June 6, 1898, ch. 389, 30 Stat. 432. Legislation by Congress providing for removal was necessary to give effect to the prohibition of Sec. 3, and until removed in pursuance of such legislation persons in office before promulgation of the Fourteenth Amendment continued to exercise their functions lawfully. Griffin's Case, 11 Fed. Cas. 7 (C.C.D.Va. 1869) (No. 5815). Nor were persons who had taken part in the Civil War and had been pardoned by the President before the adoption of this Amendment precluded by this section from again holding office under the United States. 18 Op. Att'y Gen. 149 (1885). On the construction of ''engaged in rebellion,'' see United States v. Powell, 27 Fed. Cas. 605 (C.C.D.N.C. 1871) (No. 16,079).
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
