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

Just as many have a very simple and genuine question, why won't Obama release his actual birth certificate?

A requirement for my children to play organized soccer was to produce a certified birth certificate. They had to produce the same to get a drivers license.

But, to fulfill the only two requirements to be The President of the United States that simple action appears to be too much for the Obama.

181 posted on 03/22/2009 1:36:39 AM PDT by RJL
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To: Swordmaker

I firmly believe that Madeline Dunham handles the registration of the birth of young Obama in Hawaii, probably as a “home birth” as I believe that Ann Dunham was traveling when she gave birth. I suspect that Madeline used a residential address on Kalanianeole Highway that she knew not to belong either to her daughter or to Obama Sr., but since both were apparently gone by August 1961, and had no address at all in Hawaii any longer, she would either have had to use her own address or concoct one.

What I don’t know, and can’t imagine, is why she would have used this particular address. Did she know the individual residing at that address and was she given permission to use it? Did she know that the property was vacant, perhaps? Why would she not have used the family address at 2277 Kamehameha avenue? Who knows?

What is known is that the birth announcement is the only reference to this particular address in all of the records avialable to track the various addresses of either Ann Dunham or Barack Obama senior. Long-time neighbors of the address on Kalanianeole highway cannot remember either of them.

I do not know what a title search would show, but since both were students, and Ann Dunham only 17 years of age, I doubt either of them would have had title to the property even if they did live there. But, Obama had been using an address on 12th Avenue in Kaimuki, and to the best of my knowledge, Ann Dunham stilll lived at home with her parents at 2277 Kamehameha Avenue in Manoa Valley, just down the street from me, right up until the time she left Hawaii in the summer of 1961.

As far as I know, Ann Dunham didn’t have her own address in Hawaii until she returned from the University of Washington in 1963, when her parents rented her an apartment on Alexander Street.

The address given in the Honolulu Advertiser birth notice is almost certainly false and raises serious questions about other aspects of the birth reporting, especially if it is true, as has been reported, that the praqctice of the Honolulu Advertiser at the time was to take this date from the Bureau of Vital Statistics, and not as it the case in many other locations, directly from parents or other interested parties.


182 posted on 03/22/2009 2:41:24 AM PDT by John Valentine
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To: canaan; sometime lurker

It just seemed strange to me with the US freedom of information being much more open with other records than in the UK that birth certificates could not be routinely requested and looked at by all.

In Britain you can look at and by paying a fee obtain any death, marriage or birth certificate of course you need to know where and approximately where the person was born/married or died in order to get the number from the register but apart from that this is all you would need.


183 posted on 03/22/2009 3:23:53 AM PDT by snugs ((An English Cheney Chick - Big Time))
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To: RJL

Yes, why can’t Obama just produce his original birth certificate? When someone hides something, they have something to hide.

When we join the military, we present our birth certificate. What is worng with Obama doing the same?


184 posted on 03/22/2009 4:41:39 AM PDT by real_patriotic_american
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To: real_patriotic_american

There is SOMETHING on that original certificate that will fuel the fire. Let’s start with the address.

If the address on the certificate is 6085 Kalanianaole Hwy., then every other “fact” alleged on the certificate is brought into question, since there in no reason to believe that Obama senior ever lived at this address, and neither did Ann Dunham or either of her parents.

If the certificate were based on representations of a home birth by an individual declarer of fact, say Ann Dunham herself or her mother, Madeline Dunham, and not by an attending physician, with no hospital named, that too would raise many questions.

Whatever it is, there is SOMETHING on that document that Obama does not want the nation to know.


185 posted on 03/22/2009 6:39:59 AM PDT by John Valentine
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To: snugs

It just seemed strange to me with the US freedom of information being much more open with other records than in the UK that birth certificates could not be routinely requested and looked at by all.

The distinction in the US is that The Freedom of Information Act applies to government agencies, but has 9 exemptions, one of which is

(b)(6) EXEMPTION 6 Personal Information Affecting an Individual's Privacy. This exemption permits the government to withhold all information about individuals in "personnel and medical files and similar files" when the disclosure of such information " would constitute a clearly unwarranted invasion of personal privacy." This exemption cannot be invoked to withhold from a requester information pertaining to the requester.
So private information is not covered. In the case of birth, marriage, etc. certificates, each state makes its own laws. We sure as heck want to know what the government is doing, but we do like our privacy for private citizens.
186 posted on 03/22/2009 8:33:48 AM PDT by sometime lurker
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To: sometime lurker
"(b)(6) EXEMPTION 6 Personal Information Affecting an Individual's Privacy. This exemption permits the government to withhold all information about individuals in "personnel and medical files and similar files" when the disclosure of such information " would constitute a clearly unwarranted invasion of personal privacy." This exemption cannot be invoked to withhold from a requester information pertaining to the requester.

If whether or not he can claim to be MY president and claim the ability to increase MY taxes doesn't "pertain" to me, I don't know what does. This "exemption" cannot be invoked without breaking it's own stated rules.

187 posted on 03/22/2009 9:00:15 AM PDT by Uncle Sham
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To: Uncle Sham
Please reread the exemption. It merely says that an agency can't use privacy concerns to keep from giving you information about yourself.
188 posted on 03/22/2009 9:05:15 AM PDT by sometime lurker
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To: sometime lurker
"Please reread the exemption. It merely says that an agency can't use privacy concerns to keep from giving you information about yourself. "

Really? So if I am the "requester", and there is information pertaining to "me", they cannot withhold it. That is exactly what I said in my earlier post. Wouldn't you agree with me that another person's claims to have proper eligibility qualifications to have the power to enslave me also "pertains" to me? Doesn't his claim to this power over me constitute a clearly unwarranted invasion of MY personal privacy "IF" he is in fact NOT eligible?.

189 posted on 03/22/2009 9:42:28 AM PDT by Uncle Sham
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To: Uncle Sham
Really? So if I am the "requester", and there is information pertaining to "me", they cannot withhold it. That is exactly what I said in my earlier post. Wouldn't you agree with me that another person's claims to have proper eligibility qualifications to have the power to enslave me also "pertains" to me? Doesn't his claim to this power over me constitute a clearly unwarranted invasion of MY personal privacy "IF" he is in fact NOT eligible?.

You're trying to make the FOIA act say something it doesn't. There's two issues here - do I agree that whether 0bama is legally qualified for office important to know? For that the answer is yes!

The second is whether I agree that the FOIA gives you the right to request his birth certificate because of concerns about eligibilty. The answer to that one is no. The information you are asking for does not directly pertain to you by their standards. From the FOIA site

If you are requesting information on behalf of an individual, the Department also requires a statement authorizing you to receive the subject’s personal information.
You can request private information about yourself and they can't withhold it based on privacy concerns. You can request private information about someone else under FOIA only if you have their authorization. In any case FOIA only involves federal agencies, not state agencies. Hawaii has laws on this, and they are very restrictive.
190 posted on 03/22/2009 10:14:40 AM PDT by sometime lurker
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To: John Valentine

Very, very interesting info that you have provided here. I’m already convinced that Obama is NOT a natural born citizen and thus ineligible to serve as President. Now I’ve learned even more. Thanks.


191 posted on 03/22/2009 10:48:46 AM PDT by real_patriotic_american
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To: jamese777

That proves nothing at all. The newspaper “announcements” were triggered by the issuance of the “Certification of Live Birth” that was issued on behalf of the foreign-born child.


192 posted on 03/22/2009 11:37:44 AM PDT by HotLead61 (Death as a Free Man is much preferred to "life" as a slave)
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To: Aroostok Republican
Thank you for the information. It’s interesting. It says that some short form certificates MAY not be acceptable, but doesn’t clarify about what types would be and what types would not be. I do know that Obama’s COLB had a raised embossed seal and a registrar’s signature.

There have been more than one COLB posted. According to what I have read, the borders were wrong on one of them, and another was missing the certification. In addition, as another poster mentioned, there's the little problem of his step-grandmother who claims that she was present at his birth in Kenya and now has been stopped from talking to the press.

In addition, there was a group of nuns, or missionaries, who stated that it was widely known that he was born in Kenya. They have been muzzled too, since he got the nomination.

But the curious problem is that he has spent nearly $1,000,000 trying to evade the requirement of producing these documents. Why?

The reason people want his school records produced is to see if he was admitted to any of these colleges claiming to be a foreign student.

193 posted on 03/22/2009 12:41:58 PM PDT by afraidfortherepublic
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To: HotLead61

“That proves nothing at all. The newspaper “announcements” were triggered by the issuance of the “Certification of Live Birth” that was issued on behalf of the foreign-born child.”


Obama’s state of Hawaii issued Certification of Live Birth states that he was born at 7:24 p.m. on (Friday)August 4, 1961 and that he was born IN the City of Honolulu, in the County of Honolulu, on the Island of Oahu, in the state of Hawaii and that his birth was registered with the state on (Tuesday) August 8, 1961.

If there had been delayed registration of his birth or registration in Hawaii of a foreign birth, it would say so on the short form Certification of Live Birth.


194 posted on 03/22/2009 3:37:13 PM PDT by jamese777
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To: HotLead61
The newspaper “announcements” were triggered by the issuance of the “Certification of Live Birth” that was issued on behalf of the foreign-born child.

If the child were born in another country, he would have a Certification of Foreign Birth.

195 posted on 03/22/2009 6:44:52 PM PDT by lucysmom
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To: TheConservativeParty
I had not read that information about Obama’s Kenyan grandmother. Did she come to DC by way of an invitation or did she just show up? If I understand this correctly the woman wandered around DC on inauguration day with no place to go. Surreal.
Did it get any play with the press at all?
196 posted on 03/22/2009 10:29:19 PM PDT by warsaw44
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To: warsaw44

From what I read inauguration week, the grandmother flew to DC without any help from her dear grandson, and was not allowed to be anywhere near any festivities that would have garnered her any media attention. It got very little press coverage, but there were a few articles posted on FR. The really boorish thing about it is, Zero wrote about this grandmother using endearing terms in one of his books, and when the rubber hit the road and she came to celebrate his victory, he snubbed her.


197 posted on 03/23/2009 10:16:02 AM PDT by TheConservativeParty ("Freedom is never more than one generation away from extinction." Ronald Reagan)
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To: TheConservativeParty
Really an amazing story. I can not understand how someone didn't run with this. Of course, I am not talking about the MSN but not one NRO journalist reporting on this?
198 posted on 03/23/2009 1:14:46 PM PDT by warsaw44
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To: Stayfree

ping


199 posted on 03/23/2009 4:04:25 PM PDT by Uncle Sham
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To: warsaw44

I am pretty sure Rush talked about it, but not at any great length. Der Fuhrer’s henchmen simply kept Granny from getting anywhere near her turd of a grandson. She would undoubtedly have said something revealing about Zero and where he was hatched. Can’t be havin’ that kind of info on live rolling videotape!


200 posted on 03/23/2009 5:33:53 PM PDT by TheConservativeParty ("Freedom is never more than one generation away from extinction." Ronald Reagan)
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