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"if the President elect shall have failed to qualify”
3-21-09 | Uncle Sham

Posted on 03/21/2009 9:58:28 AM PDT by Uncle Sham

The twentieth Amendment to the U.S. Constitution contains what might be the key to unlocking the mystery of Barrack Obama’s long-form birth certificate. It reads as follows:

”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.

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.

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.

4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.”

The portion in bold stating “or if the President elect shall have failed to qualify” in section three is particularly interesting in that it plainly seems to infer that a “qualification” of some sort must be made in order to serve as President. This is further enforced with the passage at the end of section three where it plainly states "until a President or Vice President shall have qualified." Certainly, one cannot argue that it does not require a qualification process for one to “qualify”. To infer that the lack of a “specified” qualification process means that stated eligibility “qualifications” for the office of president can be ignored is fallacious. The wording of this passage in the twentieth amendment clearly infers that a qualification is required, regardless of how this is done. There is only one set of qualifications listed anywhere in the Constitution that are not health related and they are listed in Article two, section one.

” 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 satisfy meeting the requirement of the twentieth amendment to “qualify”, a president elect must present evidence that he meets it’s requirements for eligibility to serve. This means that a proper birth certificate HAD to be presented by the president elect in order to serve as president. If this was done, where is that certificate and to whom was it presented? If this was done, why would we not have the right to verify and inspect it under the freedom of information act?

If it was NOT done, then under the provisions of the twentieth amendment, Barrack Obama has “failed to qualify” and should not be serving as president of the United States of America.


TOPICS: Constitution/Conservatism; Extended News; News/Current Events
KEYWORDS: barackobama; berg; bho2008; bho2009; bho44; birthcertificate; birthers; british; certifigate; citizenship; colb; conspiracytheories; constitution; coverup; democrats; democratscandals; donofrio; doublestandard; eligibility; hawaii; ineligible; kenya; naturalborn; naturalborncitizen; obama; obamanoncitizenissue; obamatruthfile; orly; orlytaitz; scotus; taitz; truthers
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Do we as citizens have a right to know whether or not our president is actually a legal occupant of the White House? If so, ask YOUR representative to provide the qualification certification called for in the twentieth amendment.
1 posted on 03/21/2009 9:58:28 AM PDT by Uncle Sham
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To: Uncle Sham

I posted this a long time ago.

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

Posted on Tuesday, December 09, 2008 9:59:02 AM by Kevmo
http://www.freerepublic.com/focus/f-chat/2145602/posts


2 posted on 03/21/2009 10:00:50 AM PDT by Kevmo ( It's all over for this Country as a Constitutional Republic. ~Leo Donofrio, 12/14/08)
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Comment #3 Removed by Moderator

To: Aroostok Republican

The State of Hawaii has done no such thing. All they have done is state that they have the original certificate in the “vault” but have given no indication as to the information contained on that original.

The State of Hawaii has done nothing to confirm or deny 0bama’s eligibility to serve as POTUS as defined in the Constitution.


4 posted on 03/21/2009 10:09:11 AM PDT by mkjessup (You're either with our Constitution, or you are with TKU ("The Kenyan Usurper"). CHOOSE!!!)
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To: Uncle Sham

The language of the 20th puts the responsibility on the President elect to qualify, NOT on others to disqualify him or her.


5 posted on 03/21/2009 10:09:12 AM PDT by savedbygrace (You are only leading if someone follows. Otherwise, you just wandered off... [Smokin' Joe])
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To: Kevmo

Good post. I missed it. My point here is that a qualification is required by the constitution and does not depend on what process is in place to establish that it be met. If it’s been met, show us the proof. If not, then it STILL has not been met. I don’t think the process of the congress folks having to raise objections when the electoral college votes are opened even relates to whether or not the provisions of the twentieth amendment have been satisfied.


6 posted on 03/21/2009 10:09:39 AM PDT by Uncle Sham
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To: Aroostok Republican

You are very brave. Welcome to Free Republic, I hope


7 posted on 03/21/2009 10:09:41 AM PDT by al baby (Hi Mom)
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To: Uncle Sham

Unfortunately, only those who have standing to challenge the qualifications of Mr. Obama may bring an action. However, anyone who brings an action seeking to challenge the qualifications of Mr. Obama, ipso facto, does not have standing to bring such an action.


8 posted on 03/21/2009 10:10:29 AM PDT by Helotes
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To: Aroostok Republican

And, I might add, don’t be slinging around terms like “non-starter” when you have nothing to base that on.

0bama remains unproven per Article II of the Constitution to serve as President as his bonafides have NOT been demonstrated.

Were 0bama to seek a security clearance based on the amount of information that has been provided regarding his origins, he would be denied such clearance.


9 posted on 03/21/2009 10:10:56 AM PDT by mkjessup (You're either with our Constitution, or you are with TKU ("The Kenyan Usurper"). CHOOSE!!!)
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To: Uncle Sham

“Do we as citizens have a right to know whether or not our president is actually a legal occupant of the White House?”

Well, it would appear at this point that we do not have any such right. This is a critical constitutional issue and deserves a full and complete hearing and resolution. There are far too many questions about this guy’s background and history that need to be clarified. It makes NO sense that he is spending, reportedly, hundreds of thousands of dollars to keep these details hidden, when a simple Birth Certificate would resolve the issue.

Keep the heat on him.

It’s time to take back the country.


10 posted on 03/21/2009 10:13:08 AM PDT by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2013: Change we can look forward to.)
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To: Uncle Sham

0bama’s concealment of his birth certificate is utterly scandalous, but I fear that what the Constitution meant by “unable to qualify” was a case where no one received enough electoral votes, and the election was thrown into the House. Can anyone prove me wrong?


11 posted on 03/21/2009 10:14:20 AM PDT by hellbender
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To: Uncle Sham

I think the long form probably lists him as “muslim”...nothing more, nothing less.


12 posted on 03/21/2009 10:14:34 AM PDT by demsux
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To: Aroostok Republican

Hawaii did not confirm that he is a natural born citizen, a couple of officials just made a statement that they have his birth certificate is on file. So, it is important to keep the facts straight on this one.

Nevertheless, at this point, the birth issue is a diversion. We have to point out the dangers of this man on a daily basis so that in 2010 we can have a Congress that won’t bow to his every whim.


13 posted on 03/21/2009 10:14:49 AM PDT by Blogger (Pray and Prepare)
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To: Aroostok Republican
Well, the state of Hawaii confirmed that he is a citizen...

Maybe you should study up on the subject before making such statements. Especially seeing that you are new here. I don't hold much hope for this getting rid of Osama but you gotta ask yourself why doesn't he just come out and show it and make us look like fools. The longer this goes on the more hmm? it gets.

14 posted on 03/21/2009 10:15:20 AM PDT by McGruff (Watch Obama throw Geithner under da bus)
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Comment #15 Removed by Moderator

To: Uncle Sham

Here is a slightly condensed version of a list of items (compiled by another Freeper) of items that have NOT been released to the public by Comrade 0bama:

1. Original ‘Vault’ Copy of original Birth certificate
2. Columbia College records
3. Columbia Thesis paper
4. Harvard College records
5. Illinois State Senate records
6. Illinois State Senate schedule
7. Law practice client list and billing records/summary
8. Medical records (only the one page summary released so far)
9. Occidental College records
10. Parent’s Marriage Certificate
11. Record of baptism
12. Selective Service Registration
13. Trip schedules for trips outside of the United States before 2007
14. Scholarly articles written in college
15. Elementary School Records from DOE State of Hawaii.

NONE of our prior Presidents have felt the need to go to such extreme lengths to conceal the details of their origins and their educational/cultural history, why should the current Usurper be given a pass?


16 posted on 03/21/2009 10:17:14 AM PDT by mkjessup (You're either with our Constitution, or you are with TKU ("The Kenyan Usurper"). CHOOSE!!!)
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To: Aroostok Republican
Welcome to FR.

Hopefully you won't begin every one of your posts with well-known untruths such as "the state of Hawaii confirmed that he is a citizen of Hawaii and that the information in his short form Certification of Live Birth is an accurate representation of his actual birth certificate"

Otherwise you are not going to last.

17 posted on 03/21/2009 10:18:38 AM PDT by agere_contra (So ... where's the birth certificate?)
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To: hellbender
"but I fear that what the Constitution meant by “unable to qualify” was a case where no one received enough electoral votes, and the election was thrown into the House. Can anyone prove me wrong?"

A "President elect" is that way for a reason. He has clearly received enough electoral votes but under the twentieth amendment he STILL must "qualify".

18 posted on 03/21/2009 10:19:32 AM PDT by Uncle Sham
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To: agere_contra

PING


19 posted on 03/21/2009 10:19:37 AM PDT by Turret Gunner A20 (Socialism is a good idea until you run out of other peopleÂ’s money. Margaret Thatcher)
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To: Aroostok Republican
Why would the state of Hawaii have a birth certificate for him if he wasn’t born in Hawaii?

The laws of the State of Hawaii (at the time 0bama was born, 1961) allowed parents of children born OUTSIDE the U.S., i.e., foreign born babies to be registered with the State of Hawaii AS IF they had actually been born IN Hawaii, on U.S. soil, when in fact they were not.

They don’t issue Hawaii birth certificates to people born in Kenya.

They could at that time, and if they did, it would explain the reluctance of the 0bamunist leadership to have that document revealed to the public.

There is plenty of information on this online, I'd suggest starting with Google.
20 posted on 03/21/2009 10:20:20 AM PDT by mkjessup (You're either with our Constitution, or you are with TKU ("The Kenyan Usurper"). CHOOSE!!!)
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Comment #21 Removed by Moderator

To: Aroostok Republican

Welcome to FR!

The twin problems are that Hawai’i will issue a Hawaiian birth certificate to a foreign born child, and no one who is not in the 0bama camp has seen a paper copy of the certification of birth posted on the Daily KOS and FactCheck web sights.

It gets much more complicated than that, with all kinds of information indicating something isn’t right, but the fact that 0bama won’t release a copy of his true long form birth certificate is the core of the problem.

Reasonable people find it very suspicious that in order to avoid releasing a form that would cost ~$20 to get in hand, hundreds of thousands (some say over a million) dollars have been spent on legal fees.


22 posted on 03/21/2009 10:23:01 AM PDT by null and void (We are now in day 61 of our national holiday from reality.)
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To: Aroostok Republican

You ask lots of questions don’t you. Too bad the one you really should be asking isn’t one of them. Why can’t we see Obama’s proof of “qualifications” to serve as OUR President?


23 posted on 03/21/2009 10:23:28 AM PDT by Uncle Sham
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To: Uncle Sham

This qualification would only be relevent if the USA government paid any attention to the Constitution. It should be obvious to anyone with a brain that they do not.


24 posted on 03/21/2009 10:23:53 AM PDT by screaminsunshine (!!)
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To: Helotes
"Unfortunately, only those who have standing to challenge the qualifications of Mr. Obama may bring an action. However, anyone who brings an action seeking to challenge the qualifications of Mr. Obama, ipso facto, does not have standing to bring such an action. "

Your comment is a bit vague, but as I recall only those who have "standing" can actually see the birth certificate, i.e. spouse, relative, etc.

However, I don't think bringing an action against commiebama to force him to prove his eligibility requires such standing; it should be that any American citizen can demand that their pres_ent must prove his eligibility.

But as another poster said, he had to prove it to someone at some time, and if that person passed him with a phony document we would never know it with all this secrecy.

If people are getting P.O.'d at his policies now, think how we'd all feel if we later found out he was totally ineligible to be pres_ent in the first place.

I think his rise to power was an elaborate plan, and that book - "Dreams of my Father" was smokescreen to dilute the suspicion of his nationality/citizenship status, thereby qualifying him as Teleprompter Reader in Chief.
25 posted on 03/21/2009 10:24:25 AM PDT by FrankR (We are only enslaved to the extent of charity (bailout) we receive...think about it.)
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Comment #26 Removed by Moderator

To: Uncle Sham

BTTT


27 posted on 03/21/2009 10:26:11 AM PDT by Fiddlstix (Warning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: Blogger

The birth issue is important because it could make many of his executive orders null and void.

If his allegiance is not to this country, it affects his decision making. In fact it already has. He seems to look more favorably on the terrorists who have tried to harm our country than the people he is supposed to be representing. He is intentionally doing things to hurt our economy and our national safety.

I personally do not think he is a natural born citizen. If he were, he would have shown the original birth certificate by now.Eric Holder was right. We are a nation of cowards. If we weren’t, we would demand proof of the birth certificate.


28 posted on 03/21/2009 10:26:33 AM PDT by packman
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Comment #29 Removed by Moderator

To: McGruff

The long form states his mother is a virgin. He considers that its not yet time to reveal his divine paternity.


30 posted on 03/21/2009 10:27:47 AM PDT by dr huer
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Comment #31 Removed by Moderator

To: Aroostok Republican

His not being a natural citizen is a very real issue. If he is not; he should step down.


32 posted on 03/21/2009 10:29:47 AM PDT by freekitty (Give me back my conservative vote.)
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To: mkjessup

Indeed! All Hawaii said was, “Yup! He was born!”, and that’s about it. Foreign-born babies could have received a valid statement that says “Yup! I was born!”, but simply being born does not qualify one to hold the Office of the President.


33 posted on 03/21/2009 10:30:29 AM PDT by SERKIT ("Blazing Saddles" explains it all.....)
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To: Aroostok Republican

It may be the only legal means to get him out of office.


34 posted on 03/21/2009 10:31:12 AM PDT by packman
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Comment #35 Removed by Moderator

To: Uncle Sham
"To satisfy meeting the requirement of the twentieth amendment to “qualify”, a president elect must present evidence that he meets it’s requirements for eligibility to serve. This means that a proper birth certificate HAD to be presented by the president elect in order to serve as president. If this was done, where is that certificate and to whom was it presented?"

Have you contacted any election official in Louisiana to determine how Barack Obama got on the ballot as a presidential candidate? Is it as simple as checking a box on a form that asks if you're a natural born citizen, or is there a process and qualifying paperwork required?

36 posted on 03/21/2009 10:34:10 AM PDT by JustaDumbBlonde (America: Home of the Free Because of the Brave)
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To: Aroostok Republican

There is a difference between a birth certificate and a certificate of live birth (COLB). And yes, Hawaii did for a period of time issue birth certificates to those born outside of their state, but I’m not one who studies these things. Perhaps someone else can point you out to the threads that go into this into detail or would care to explain.


37 posted on 03/21/2009 10:34:25 AM PDT by JavaJumpy
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Comment #38 Removed by Moderator

Comment #39 Removed by Moderator

To: Aroostok Republican
I am asking a genuine question here, not trying to pick a fight.

You are VERY late to the debate and have missed virtually ALL the explications and explanations that 99% of the folks on this board are already familiar with, such as the fact that one did NOT need to be born in Hawaii in 1961 to be issued a Hawaiian COLB.

Don't believe it? Well, you had better believe it, because it is a fact. Check it out. Proper searches right here on Free Republic will give you all the references you need to educate yourself on the subject.

40 posted on 03/21/2009 10:35:41 AM PDT by John Valentine
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To: Aroostok Republican
Also, it is my understanding that the Certification of Live Birth contains all the information necessary for the state department to issue a passport.

Cite? (Appended is what I found ... easily ... and does not appear to support your contention.)

Presuming this is true you seem to have spent some time collecting a significant amount of information, but on one side of the fence only. You also seem quick to dismiss any uncertainty as equivalent to a conspiracy theory.

From the U.S. Department of State website:

STEP 2: Submit Evidence of U.S. Citizenship

When applying for a U.S. passport in person, evidence of U.S. citizenship must be submitted with Form DS-11. All documentation submitted as citizenship evidence will be returned to you. These documents will be delivered with your newly issued U.S. passport or in a separate mailing.

Primary Evidence of U.S. Citizenship (One of the following):

Certified birth certificate issued by the city, county or state*

*A certified birth certificate has a registrar's raised, embossed, impressed or multicolored seal, registrar’s signature, and the date the certificate was filed with the registrar's office, which must be within 1 year of your birth. Please note, some short (abstract) versions of birth certificates may not be acceptable for passport purposes.

41 posted on 03/21/2009 10:38:04 AM PDT by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
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Comment #42 Removed by Moderator

To: FrankR

I agree. Also did you know his education was paid for by Khalid Al-Mansour from Saudi Arabia? This guy has been groomed to be the president of the United States. Unfortunately, it has been with the help of other people from other countries that have helped him get in.


43 posted on 03/21/2009 10:39:26 AM PDT by packman
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To: Aroostok Republican

Aside from the fact that a few document experts have examined the Cerification of Live Birth and are of the opinion that it is a forgery, the more obvious problem is the fact that the Obama people have spent hundreds of thousands of dollars fighting lawsuits rather than pay $10 and have the long form released. There is also a problem with the withholding of all other records and documents that might prove he was a foreign national who might also have been muslim. The fact that he is hiding everything means that he has something to hide and that means he should not be President of the United States. We already know that he has tried to deny his Marxist beliefs, but he can’t hide from the fact that he did associate with well-known Marxists. There have been many articles exploring his background and even a former FBI official has said that Obama could NOT get a top security clearance because of his background. And yes you are right...he is clearly a puppet of the lunatic left...and that is why we need to prove he is not qualified to be President, because he and his handlers will destroy America as we know it!!!


44 posted on 03/21/2009 10:39:48 AM PDT by Stayfree ((HELP US EXPOSE THE "REAL" BIRTH CERTIFICATE @ REWARD FOR OBAMA'S BIRTH CERTIFICATE.COM!))
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To: Aroostok Republican

He has caused so much damage in such a short time. By the year 2012, we may not even recognize this country.


45 posted on 03/21/2009 10:40:48 AM PDT by packman
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To: Aroostok Republican
Well, the state of Hawaii confirmed that he is a citizen of Hawaii and that the information in his short form Certification of Live Birth is an accurate representation of his actual birth certificate, which they have on file.

No. The Hawaiian official said the CoLB short form was compliant with Hawaiian law at the time of issue. That Hawaiian law allowed children of Hawaiian residents to get a Hawaiian Birth Certificate even if they were born outside of Hawaii, including foreign nations.

46 posted on 03/21/2009 10:42:33 AM PDT by Domandred (Hope is the first step on the road to disappointment.)
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To: Aroostok Republican
For starters, his Kenyan grandmother states that she was present at his birth...IN KENYA! It is most interesting that NO ONE is allowed near her to question her! Makes you wonder!
47 posted on 03/21/2009 10:42:38 AM PDT by WellyP (obama must go!)
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Comment #48 Removed by Moderator

To: Aroostok Republican
That doesn't seem to be the case, to me. The CLB says "Yup, he was born...in Hawaii, in Honolulu, on the Island of Oahu." That's a lot different than a certificate that says "Yup, he was born!" do you believe that CLB says something different than the long form certificate? If so, ok. But I'm not sure what you would base that on. If yu think the CLB is more or less accurate, though perhaps incomplete, then there is nothing in the long form BC that could make him not a natural born citizen.

Many, especially those with familiarity with many details of the travels of Ann Dunham in 1961, are responsibly skeptical of the possible Hawaii birth of young Obama. The COLB that was presented by Obama, even if NOT a forgery, as has been shown to be a very good possibility at the very least, and proven possibly, if one accepts the analyses as presented, raises many questions and CANNOT be accepted as determinative of what may be shown on the true Birth Certificate as issues in 1961.

One MUST question why the man has spent many thousands of dollars on legal fees solely to avoid having to produce this document, a document that is available to him upon request and the payment of a modest fee. This is a document that most Americans hold in their personal papers and are called upon to resent for numerous purposes. Why can't Obama simply produce this document?

Aren't you curious?

49 posted on 03/21/2009 10:43:31 AM PDT by John Valentine
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To: Aroostok Republican

Are you telling me that the state of Hawaii would Issue a certification of live birth that says a person was BORN in Hawaii, in Honolulu, at such and such particular date and time, when in fact the person was not? That sounds crazy to me. What is the source for that?

______________________

Please see the reply to you from John Valentine. It answers your questions.


50 posted on 03/21/2009 10:45:31 AM PDT by JavaJumpy
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