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".
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.
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?
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.
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.
The long form states his mother is a virgin. He considers that its not yet time to reveal his divine paternity.
His not being a natural citizen is a very real issue. If he is not; he should step down.
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.
It may be the only legal means to get him out of office.
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?
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.
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.
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.
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, registrars 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.
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.
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!!!
He has caused so much damage in such a short time. By the year 2012, we may not even recognize this country.
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.
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?
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.