Skip to comments."if the President elect shall have failed to qualify”
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 Obamas 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 its 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.
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
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.
The language of the 20th puts the responsibility on the President elect to qualify, NOT on others to disqualify him or her.
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.
You are very brave. Welcome to Free Republic, I hope
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.
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.
“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.
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?
I think the long form probably lists him as “muslim”...nothing more, nothing less.
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.
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.
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?
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.
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".
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