Posted on 03/21/2009 9:58:28 AM PDT by Uncle Sham
Exhibit A,
The Twentieth Amendment, Section 3 reads as follows:
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.
Exhibit B, U. S. Code
CITE: 3USC19
TITLE 3--THE PRESIDENT
CHAPTER 1--PRESIDENTIAL ELECTIONS AND VACANCIES
Sec. 19. Vacancy in offices of both President and Vice President; officers eligible to act
(a)(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.
Exhibit C: U. S. Constitution, Article Six Oath of Office for elected officials:
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Exhibit D: The Electoral Vote Counting Act of 1877:
The process currently provides that someone challenge eligibility during a short, specified time frame while the electoral college votes are opened and tabulated.
This process runs counter to the language of the twentieth amendment which DEMANDS qualifications to be provided by the President elect or whomever is being considered for the office of President. The very fact that this act does not require that qualifications be presented by the President elect serves to undercut the provisions in the Constitution itself. No act that does not support the Constitution is constitutional. In order to change the requirements of the Twentieth amendment, one would need to pass another amendment. An Act doesnt cut the mustard.
Based upon the above, I conclude that
1. We currently have a vacancy at President because no one has yet qualified as required in the Twentieth amendment. The terms "The President elect shall have failed to qualify" clearly places this burden upon the President elect and not on someone raising their hand in objection.
2. Anyone serving in Congress (see Congress in bold in Exhibit A)can DEMAND that their oaths be met by receiving proper qualifying documentation from Mr. Obama. This charade at the time of counting the electoral college votes does not limit their ability to do so at any time they so choose.
bump
" The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;"
bump for your thoughts
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.