"if the President elect shall have failed to qualify”

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.

There is no specification in the Constitution, as amended, and there's no enabling legislation in the US Code.

This is a good point that a lot of people have missed.

The US Constitution is an "enabling" document. Think of it as a "requirements statement" -- if you are familiar with contracting.

Laws must be separately enacted to achieve the requirements set out in the Constitution. And the judicial branch is suppose to determine the Constitutionality of a particular law by whether it meets or conflicts with the requirements in the US Constitution.

The US Code doesn't say that the President has to present evidence of being a natural-born citizen, mostly because it's never been an issue until now. There are some efforts to rectify that before the next Presidential election.

It's a bit complicated because the Electoral College effectively creates 51 different elections, and the results are combined. So, each individual state has to enforce this requirement. Theoretically, a few states could enact the requirement into law and be ignored by an ineligible candidate -- because he doesn't need their electoral votes to win.

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, for one, would be ecstatic. Finding that Obamanoid was not qualified to be President of the United States would mean that EVERYTHING he has done since taking office would be null and void! All bills he signed, dead. Executive orders, toilet paper. Appointments of officers, locked out of the offices they cannot legally hold. Judges named to the bench, sent back to the community service organizations they came from.

This is not evidence. There may be another reason he doesn't want the BC released (middle name Mohammad? Mother born out of wedlock). Or he may just not feel the need to release something he does not have to. While odd, this is not evidence that the information in the COLB is false.

You're kidding right?

This is a guy who has made the Presidency, whose first name is Barack and whose last name is Obama.

This is a guy who supports homosexual rights, abortion and every other left-wing cause.

There is nothing on a birth certificate that would embarrass him.

What a lame-brained excuse you are trying to give him.

I would like to emphasize two things to aid anyone in asking your representative for the documents certifying his qualification.

1. It is only a President-elect who can qualify to be President. Obama was not President-elect until after the electoral votes had been tabulated. So only documentation he provides AFTER that point legally make him President. Has he, after Noon on Jan. 8th 2009, placed in the public domain his “documents of qualification”?

2. This is not a case of “innocent until proven guilty” but rather a case of “unqualified until qualified”. Even if this has never been done in the past, the burden rests on him to qualify. WE do not have to come up with proof somehow that he is unqualified, as everyone in power seems to be suggesting. HE is CONSTITUTIONALLY MANDATED to prove after that date HIS qualification. Until He does He is not President.

The Constitution is OUR collective contract with our Federal government through which it has certain duties and limitations. The reasons for this are simple but profound. The Declaration of Independence clearly states these lest anyone under authority doubt the government’s authority or anyone at all be wrongfully affected.

“...That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,...”

It is the duty of the President elect to qualify in order to serve us, not the right of anyone chosen to rule over us. If He does not consent to the duties and limitations of the Constitution, then We do not consent to His powers as Just!

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.

Even the State of Hawai'i will not accept the short form Certification of Live Birth for some legal purposes, including those having to do with homesteading and certain property transactions. They specifically require the long form Certificate of Live Birth.

Obama's paternal grandmother, his half sister, half brother, and some cousins in Kenya have stated in interviews that they were proud to have been present at his birth in Kenya. The government of Kenya recently announced that they had sealed Barack Obama's official records in Kenya. Why were there any "official records" in Kenya to seal at all? Why seal them if there were nothing probative in them. A friend of Stanley Ann's has stated that Stanley appeared in Canada with a new born baby and that she did not even know how to change a diaper. At that time, crossing back into the US from Canada was a trivial thing and she could easily have brought Obama into the United States at any of several border crossings.

Birth certificates could be issued in Hawai'i in the sixties by affidavit of the parents or other relatives. The place of birth was accepted from the statement on that affidavit. No proof was required. Searches of hospital records in Hawai'i produce no registration or billing records for a Stanley Ann Obama or Stanley Ann Dunham. It is possible she might have home birthed him, but that would have been a rare occurrence that time period. The long form Certificate of Birth would list both the hospital and the attending doctor. The short form Certification of Live Birth does not. Obama's maternal grandmother was living in Hawai'i at the time and may have registered her new grandson's birth to establish both Hawai'ian and US citizenship to avoid complex immigration problems later because of a foreign birth.

Certifications of Live Birth can also be issued where there has been a change in parentage by court order such as in the case of adoption. It is also permissible under Hawai'ian law to change a birth certificate to reflect all aspects of an adoptee's birth circumstances to show that he is the natural child of the adoptive parent. In such cases, the vault original is sealed. Barack Obama was adopted at age six by Lolo Soetoro when his mother remarried (or married for the first time) in Indonesia.

would be beyond shocked if the Governor or Attorney General of Hawaii had gone and, without Obama’s permission, had state employees pull the original birth certificate of Obama so they could have a peek at it.

If they did, the mainstream media would absolute crucify them for violating Obama’s privacy.

It would be like if Condi Rice had asked State Department employees to pull Obama’s passport application file so she could take a look at it. Can you imagine the firestorm that would have resulted from that?

On the contrary, my impression is that what Hawaii has done is merely confirm that Obama is on the list of people for whom there is a birth certificate on file. And that no Republican politicians have gone to have a peek at it.

The Director of the Hawaii State Health Department and the Hawaii State Registrar of Records have already held a press conference with the media to announce that they DID in fact “peek” to use your word, at Obama’s original, vault copy, long form birth certificate. Both of those state officials are appointees of the Republican Governor of Hawaii, Linda Lingle. Governor Lingle campaigned for John McCain and she was a speaker at the Republican National Convention.
http://www.kitv.com/politics/17860890/detail.html?rss=hon&psp=news

What I am suggesting is not “peeking” at the document but a full fledged criminal investigation with a Grand Jury to see if the document that Obama posted on the web is a forgery or if it is fraudulent in any way. With a criminal investigation, the original, long form, vault copy Certification can be subpoenaed and examined by experts.

To date 16 different CIVIL lawsuits have failed to produce the long form document. “Insanity is doing the same thing over and over again and expecting a different result.” When 16 lawsuits at the state, state Supreme Court, US District Court and US Supreme Court have failed to produce the original birth certification, I am advocating a change of legal strategy from the civil court to the criminal court.

If the web posted Obama short form and the original long form are identical with regard to place of birth and date of birth, then “no harm, no foul.” The Grand Jury is dismissed with an apology to Barack Hussein Obama. The state of Hawaii Attorney General’s office is the most appropriate jurisdiction to conduct such an investigation.
Hawaii laws permit a “court of competent jurisdiction” to examine a confidential vital record [Hawaii Revised Statutes 338-18(9)]

There is corroborating evidence of Obama’s birth in Hawaii, the two birth announcements for him in the local Honolulu newspapers of Sunday, August 13, 1961. The information for those birth announcements came from the Hawaii Bureau of Health and not from the family.
The birth announcements weaken the case for birth outside of Hawaii or delayed registration of the birth.
http://whatreallyhappened.com/IMAGES/obama-1961-birth-announcement-from-honolulu-advertiser0000.gif

http://whatreallyhappened.com/IMAGES/ObamaBirthStarBulletin.jpg

But the CLB says “city of birth, honolulu, HI.” Are you telling me that the State of Hawaii was allowed to print false documents? I’d like to see some documentation of that fact. It doesn’t make any sense that a state would give birth certificates with false information on them.

I think the other replies you've received have effectively paddled your ass sufficiently, now if you sincerely have an interest in this, do some research as others have done and prove to yourself that this is a Constitutional issue that IS not going to go away.

Or you can just persist in asking puerile questions and be categorized as a troll.

Up to you Sparky.

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.

This is the gaping loophole that many people fail to comprehend, that Hawaii was willing to falsify the actual details of a baby's origins for the benefit of the parents, family and certainly: the baby, because every parent thinks their kid might grow up to be Pres_ _ ent one day.

Hawaii's institutional misbehavior in that regard assured parents of that, the Constitutional legality be damned.

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Obama Says A Baby Is A Punishment

Obama: “If they make a mistake, I don’t want them punished with a baby.”

Sign these 4 petitions against Sebelius & Contact the Senators:

-- Contact your Senator here and Call your U.S. Senators & Sen. Brownback today at 202-224-3121.

-- Catholics Against Sebelius petition

-- Susan B. Anthony List petition

-- American Life League petition

-- Liberty Action petition

-- More SBA action alerts

-- Operation Rescue Page

-- Fact Check

-- e-mail 0bama

Call Sen. Brownback the Traitor

-- ALL's Judie Brown on Sen. Brownback: "I'll never use 'pro-life' to describe him again"

-- Brownback waffles but will vote to confirm Sebelius

-- Sam Brownback - the latest GOP traitor?

Read and pass around these two articles about Sebelius:

-- InsideCatholic.com: Obama's Choice of Sebelius Heats Up the Pro-life Battle

-- USA Today: Kansas Gov. Sebelius told not to take Communion

Call the RNC and ask Chairman Steele (who is Catholic and pro-life) to officially mobilize the party against the Sebelius nomination and to expose her radical pro-abortion views: 202.863.8500

Hat-tip to Coleus for assembling this data, THANK YOU!

"So how on Earth can you possibly sustain the claim that Obama MUST do what you want him to do?"

It's not "me" wanting him to do this. It's the Constitution DEMANDING that he do this. Read it again. It CLEARLY refers to the "president elect" and that "qualifications" be met. Since he is "president elect", these "qualifications" cannot be whether or not he has enough electoral college votes. The only "qualifications" remaining that are not health related are the eligibility requirements found in Article two.

The term "shall have met" at the end of section three in the twentieth amendment clearly places the burden of meeting these requirements on the person seeking to serve as president. If the Constitution itself isn't good enough to force this action, then there is no law at all.

The fact that this has never occurred before is irrelevant. The fact that "qualification" is REQUIRED before being a legally serving president is.

We, the people are in charge, according to the constitution and we have a right to demand that it's rules are obeyed. Breaking an oath to defend and protect the constitution from all enemies foreign and domestic by violating it's requirements is grounds for impeachment.

Greetings and welcome. One thing that the general public does not know about some Hawaiian BC’s is that until about 1973, any foreign born child taken to HA, by one or both parents who had previously resided in Hawaii, could be issued a Certification of Live Birth. That is not a Long Form US COLB and it does not prove natural citizenship.

The current occupier of The White House could very well have been born in his father’s homeland Kenya, and been taken to HA and been issued this Hawaiian Cert. of Live Birth. There are Kenyan close relatives who attest that they were in Kenya at the time of the Usurper’s birth there in Kenya.

Also not known to the general uninformed public, the Kenyan gov’t has had a gag order on all the Usurper’s Kenyan relatives since last year. Usurper’s grandmother came here for the Immaculation on Jan 20 and was turned away from all inaugural activities and was not allowed to get near her half-grandson, or whatever strange actual relation she is, full or half, the family tree is very odd.

There is also the matter that his father is Kenyan and a British Subject, making Usurper one too. That is also not Constitutional. There are several reasons he is not eligible. Check out “birthcertificate” in the frequently used topics sectionn on FR and it will go into great detail.

I will give the benefit of the doubt that you are not a troll. If you are a troll, the Troll-B-Gone spray is at the ready : )

It is true that as you say, attacking Usurper’s agenda is a great thing to do, but it must not be let go that he has never ever produced the proper document to be POTUS. He was not properly vetted. The BC under seal in HA is probably just a worthless Cert of Live Birth that says he was born in Kenya and issued the CLB after his mother returned to one of her home states which was HA.

"There is no specification in the Constitution, as amended, and there's no enabling legislation in the US Code.

Here's where you can find reference to this "requirement" in U.S. Code. I've made the relevant portion easier to read by bolding the text. In my opinion, we currently have a "vacancy" at the office of president.

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.

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