OrlyTaitzEsq.com

TaitzReport.com

Defend Our Freedoms Foundation (DOFF)
29839 Santa Margarita Pkwy, Ste 100
Rancho Santa Margarita CA, 92688
Copyright 2014

Review of Politics, Economics, Constitution, Law and World Affairs by Attorney and Doctor Orly Taitz


If you love your country, please help me fight this creeping tyranny and corruption.
Donations no matter how small will help pay for airline and travel expenses.





The articles posted represent only the opinion of the writers and do not necessarily represent the opinion of Dr. Taitz, Esq., who has no means of checking the veracity of all the claims and allegations in the articles.
Mail donations to:
Defend Our Freedoms Foundation, c/o Dr. Orly Taitz
29839 Santa Margarita Pkwy, Ste 100
Rancho Santa Margarita, CA 92688.
Contact Dr. Taitz at
orly.taitz@gmail.com.
In case of emergency, call 949-683-5411.

When the people fear their government, there is tyranny.
When the government fears the people, there is liberty.
-- Thomas Jefferson

During times of universal deceit, telling the truth
becomes a revolutionary act.  -- George Orwell

First they ignore you, then they ridicule you, then they
fight you, then you win.  -- Mahatma Gandhi

from Free Republic. Egyptians got free from their usurper using Social Networks. We can get free from our usurper sitting in the WH with a stolen CT ssn 042-68-4425 and without a valid long form BC

Posted on | February 13, 2011 | 2 Comments

Free Republic
Browse · Search		   News/Activism
Topics · Post Article
Skip to comments.

Congress is Responsible For the Eligibility Fiasco
self | Uncle Sham

Posted on Saturday, February 12, 2011 8:34:33 AM by Uncle Sham

It seems that we might have been directing our efforts to determine whether or not this nation has a legally serving President at the wrong target. Congress should not be left out of the debate as though they where not in some way involved in answering this question. They are very much involved and deserve our scrutiny. Congress is COMMANDED by the U.S. Constitution to verify eligibility of a President-elect or name a replacement. Here is the case.

First off, what is a “President elect” in the full legal sense of the description? Since we are talking about the Constitution, we must assume that the term is referred to ONLY in its legal sense. The identity of a “President elect” is not established at election time, nor is it established after the Electoral College cast their votes. It is only established once Congress has ratified the Electoral College votes as legal and binding.

Winning the election in November is just step one of a four-step process. Step two is the Electoral College. Step three is Congressional review and ratification of those results which finally establishes just who the President elect is. Step four is section three of the Twentieth amendment. Miss any one of these four steps and there is no LEGAL Constitutional President. Like perhaps, now.

Twentieth Amendment, Section three:

”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.”

Note the time indicated in the initial passage. It clearly refers to that period AFTER Congress has ratified the Electoral College results because the beginning of a term of office can only occur once there is someone to “begin” that term. Not only this, but Congress ratifies the Electoral College on January 15th. The beginning of a Presidential term is January 20th which is after the Electoral College ratification process is completed.

In addition to the Constitution, here is U.S. law…

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.“

Once again, from the 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.”

The portion in bold stating “or if the President elect shall have failed to qualify” in section three of the Twentieth amendment 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. 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.”

Section three of the Twentieth amendment comes in to play as the LAST step in a process to ensure that a President is in fact legal. 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. In fact, without establishing whether or not the President elect is “qualified”, Congress would not know whether or not to step in and name a temporary replacement as the amendment requires. Certainly, this means that the proof of “qualifications” must be presented to Congress.

If someone does not have a birth certificate as the governor of Hawaii has stated, how was this proof of eligibility established? 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 cannot be serving as a legal president of the United States of America. Remember, the Constitution says in Article two, section one that “NO PERSON” who does not meet the eligibility requirements may serve as President. There is no wiggle room in this language.

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 section three of the Twentieth amendment), or anyone who is currently serving under the oath of office in Article six has “standing” and can DEMAND that their oaths be met by receiving proper “qualifying” documentation from Mr. Obama. The charade at the time of counting the Electoral College votes does not limit their ability to do so at any time they so choose. The very fact that they are duty-bound by oath to “support” the Constitution REQUIRES them to respond to any and all attacks against it. No judge can deny any of them the standing to do so. It would ask them to break the law in their effort to enforce the law.

3. Perhaps this issue would get addressed sooner if we started pressing legal charges against all of our local representatives and senators covered by the oath of office in Article six for disobeying their oaths to support the Constitution as it pertains to the language of section three of the Twentieth amendment. Put PRESSURE on them to represent the document that gives them their authority in the first place. This includes our brand new supposedly “Constitution loving” Tea Party” representatives.

TOPICS: Editorial; Miscellaneous; News/Current Events; Your Opinion/Questions
KEYWORDS: birthcertificate; certifigate; chat; con; eligibility; fraud; illegal; ineligible; naturalborncitizen; notpresident; obama; usurper; vanity

Navigation: use the links below to view more comments.
first previous 1-50, 51-91 last

To: jamese777
Vice President Cheney counted and certified the votes of the Electoral College without objection from even one of the 535 members of Congress, therefore those three words kick in.Except he failed to ask for objections. That was the final rule that wasn’t followed. The fix was in.

51 posted on Saturday, February 12, 2011 3:15:05 PM by bgill (Kenyan Parliament – how could a man born in Kenya who is not even a native American become the POTUS)
[ Post Reply | Private Reply | To 50 | View Replies]

To: bgill

Except he failed to ask for objections. That was the final rule that wasn’t followed. The fix was in.

Objections had to be submitted in writing by at least one Senator and one Representative. Since no written objections had been received, calling for objections was moot.
Furthermore, under the rules of both Houses of Congress, any member can call for a point of order which immediately suspends business as usual if they feel a rule has been broken. No one called for a point of order, normal business continues. 

52 posted on Saturday, February 12, 2011 3:23:27 PM by jamese777
Category: Uncategorized

Comments

2 Responses to “from Free Republic. Egyptians got free from their usurper using Social Networks. We can get free from our usurper sitting in the WH with a stolen CT ssn 042-68-4425 and without a valid long form BC”

  1. Thomas/PatriotofPast
    February 13th, 2011 @ 4:28 pm

    Remember Obama/Soetoro before he was sworn in??
    He started “The Office of President Elect”… At least that is what the sign said on the Podium he was speaking from.

  2. euKyUX
    February 17th, 2011 @ 3:45 pm

    https://www.squidoo.com/shark-teeth Thanks for that awesome posting. It saved MUCH time 🙂

Leave a Reply