People have been demanding that the courts remove Barack Obama, (who has occupied the Office of the President illegally) as he is not a Natural-Born Citizen as the United States Constitution requires. They have repeatedly filed cases for redress of grievances and remedy due to his illegal and unconstitutional acts and usurpation of power. The same ineligibility that has stained the Obama presidency has now broadened to include the 2016 Presidential election with the latest travesty against the American people the Republican party is promoting Ted Cruz, who fails as a ‘Natural-Born Citizen’.
Again the people are going to the courts and election boards in a effort to seek relief and justice. This effort is ‘barking up the wrong tree’. There is a process and it has been used before.
The latest cases involving Ted Cruz and now Marco Rubio will continue to go nowhere and get lost in the shuffle. The courts and election boards will refuse to accept their responsibilities and kick the can down the road and when the dust settles and people realize that once again they not only have been denied a honest election but their past is also been hijacked and ruined.
That being the case, I have laid out the proper venue and remedy for the current mess that we are in and the reason why it may not get resolved.
The New York Board of Elections in their rejection of the case, stated it very clearly; “Objection is beyond the ministerial scope of the board. Objection is made in incorrect venue, as no direct election for president occurs via election day ballots.”
Let me be clear “Objection is made in incorrect venue, as no direct election for president occurs via election day ballots.”
“as no direct election for president occurs via election day ballots.”
The United States Electoral College is the institution that elects the President and Vice President of the United States every four years. Citizens of the United States do not directly elect the president or the vice president; instead, these voters directly elect designated intermediaries called “electors,” who almost always have pledged to vote for particular presidential and vice presidential candidates (though unpledged electors are possible) and who are themselves selected according to the particular laws of each state. Electors are apportioned to each of the 50 states as well as to the District of Columbia (also known as Washington, D.C.). The number of electors in each state is equal to the number of members of Congress to which the state is entitled, while the Twenty-third Amendment grants the District of Columbia the same number of electors as the least populous state, currently three. Therefore, in total, there are currently 538 electors, corresponding to the 435 members of the House of Representatives and 100 senators, plus the three additional electors from the District of Columbia.
People are under the impression that voting on election day equates to voting for the candidates directly. This is a misconception. It is their vote for the candidates electors.
Because of this the courts have stated that the citizens do not have legal standing.
Standing, or locus standi, is capacity of a party to bring suit in court. State laws define standing. At the heart of these statutes is the requirement that plaintiffs have sustained or will sustain direct injury or harm and that this harm is redressable.
The courts are stating that the citizens are not directly harmed by the election of the President. Regardless of the burdens and unconstitutional acts. That being the case, and since the electors are the ones that directly elect the President and Vice-President, they are the only members who directly elects the President has standing. That being stated, one venue would be to start legal proceedings against the electoral college members that voted for Barack Obama as a violation of their Constitutional rights.
Below is some brief code on Electors;
Meeting and vote of electors
§ 7. The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct.
Manner of voting
§ 8. The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.
Certificates of votes for president and vice president
§ 9. The electors shall make and sign six certificates of all the votes given by them, each of which certificates shall contain two distinct lists, one of the votes for President and the other of the votes for Vice President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the executive of the State.
Sealing and endorsing certificates
§ 10. The electors shall seal up the certificates so made by them, and certify upon each that the lists of all the votes of such State given for President, and of all the votes given for Vice President, are contained therein.
Return to 3 USC Ch. 1, Table of Contents
In a presidential election, the popular vote simply means an aggregate of all voters from all states in America. It is quite possible that a candidate wins the popular vote (i.e. gets more votes over all) and yet loses the presidential election. This is because although Americans vote directly for their chosen candidate in the presidential election every 4 years, the president is elected by the institution called the Electoral College.
That being said, what is the correct venue?
Congress has the authority, even if the Courts do nothing!
From the following link
Who verifies if a candidate is qualified to run for President?
The Office of the Federal Register at the National Archives and Records Administration administers the Electoral College process, which takes place after the November general election. The Office of the Federal Register does not have the authority to handle issues related to the general election, such as candidate qualifications. People interested in this issue may wish to contact their state election officials or their Congressional Representatives.
Because the process of qualifying for the election and having a candidate’s name put on the ballot varies from state to state, you should contact your state’s top election officer for more information. In most states, the Secretary of State is the official responsible for oversight of state elections, including the presidential election. Visit the National Secretaries of State web site to locate contact information and web addresses for the Secretary of State from each state and the District of Columbia.
In this election of 2016, will it be a repeat of 1876? 1876 you ask.
The Electoral Commission was a temporary body created by Congress to resolve the disputed United States presidential election of 1876. It consisted of 15 members. The election was contested by the Democratic ticket, Samuel J. Tilden and Thomas A. Hendricks, and the Republican ticket,Rutherford B. Hayes and William A. Wheeler. Twenty electoral votes, from the states of Florida,Louisiana, Oregon, and South Carolina, were in dispute; the resolution of these disputes would determine the outcome of the election. Facing a constitutional crisis the likes of which the nation had never seen, Congress passed a law forming the Electoral Commission to settle the result.
The Commission consisted of fifteen members: five representatives, five senators, and five Supreme Court justices. Eight members were Republicans; seven were Democrats. The Commission ultimately voted along party lines to award all twenty disputed votes to Hayes, thus assuring his victory in the Electoral College by a margin of 185-184.
To begin, there needs to be a Constitutional Crisis
A constitutional crisis is a situation that a legal system’s constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government. Often, generally speaking, a constitutional crisis is a situation in which separate factions within a government disagree about the extent to which each of these factions hold sovereignty. Most commonly, constitutional crises involve some degree of conflict between different branches of government(e.g., executive, legislature, and/or judiciary), or between different levels of government in a federal system (e.g., state and federal governments).
A constitutional crisis may occur because one or more parties to the dispute willfully chooses to violate a provision of a constitution or an unwritten constitutional convention, or it may occur when the disputants disagree over the interpretation of such a provision or convention. If the dispute arises because some aspect of the constitution is ambiguous or unclear, the ultimate resolution of the crisis often establishes a precedent for the future. For instance, the United States Constitution is silent on the question of whether states may secede from the Union; however, after the secession of several states was forcibly prevented in the American Civil War, it has become generally accepted that states cannot leave the Union.
A constitutional crisis is distinct from a rebellion, which is defined as when factions outside of a government challenge that government’s sovereignty, as in a coup orrevolution led by the military or civilian protesters.
A constitutional crisis can lead to government paralysis, collapse, or civil war.
A Constitutional Crisis leads to the creation of the Electoral Commission.
A Constitutional Crisis leads to the creation of the Electoral Commission. That Commission has the authority to not only vet the candidates but to disqualify those that as in the United States Constitution states ‘fail to qualify’.
The Courts will do nothing.
The arguments suggest that since the courts have determined they don’t have jurisdiction in such eligibility cases, and claim there is no effective procedure to qualify candidates in Congress, the logical result would be to have election officials, such as the Secretary of State, make such decisions.
And regarding the removal of a sitting official who is ineligible, there is state Supreme Court precedent, it was in the 1930s in North Dakota when Thomas H. Moodie was “duly elected to the office of governor,” the case explains.
Later, “It was discovered that Thomas H. Moodie was not eligible for the position of governor, as he had not resided in the state for a requisite five years before running for office, and, because of that ineligibility, he was removed from office and replaced by the lieutenant governor,” it confirmed.
North Dakota’s historical archives document the case.
The Democrat was nominated by his party for governor in 1934 and beat his Republican opponent, Lydia Langer.
“As soon as the election was over, there was talk of impeachment, but no charges were filed,” the state’s archives report. “After Moodie’s inauguration on January 7, 1935, it was revealed that he had voted in a 1932 municipal election in Minnesota. In order to be eligible for governor, an individual has to have lived in the state for five consecutive years before the election. The State Supreme Court determined that Governor Moodie was ineligible to serve, and he was removed from office on February 16, 1935,” the state reports.
A constitutional crisis may occur because one or more parties to the dispute willfully chooses to violate a provision of a constitution
The Democrat party in 2008 and 2012 violated the United States Constitution by knowingly running an ineligible candidate that did not meet the Constitutional requirements. The Republican party is knowingly doing the same in 2016, by running Rafael ‘Teddy’ Cruz and Marco Rubio. Both parties have violated the United States Constitution.
Violate (break or fail to comply with (a rule or formal agreement) a Provision (a clause in a legal instrument, a law, etc., providing for a particular matter; stipulation; proviso.)
In simple english, both the Democrats and Republicans have violated the United States Constitution, by providing ineligible candidates to occupy and use the Office of the Presidency and it’s Constitutional powers for the destruction of the United States.
Expecting Congress to do anything is akin to having the fox guard the hen house, but also going back and asking the fox the number of hens and expecting them all to be there. When nothing is left, oh well, you trusted the fox.
Congress would have to impeach itself for dereliction of duty and treason against the United States for anything to happen. They are complicit to the usurpation of the Presidency and crimes against the American people.
Every single member of Congress, now sitting and since 2008, knows that Barack Obama is illegitimate and a domestic enemy of the United States and his removal was warranted the minute he took the oath of office under false pretenses.
Since the Maricopa County Sheriff’s Office, Cold Case Posse who has exposed the Obama counterfeit documents and held multiple media press conferences and exposed them for what they are with evidence to back them up. The media has remained silent. The media has disenfranchised, ridiculed, mocked people for demanding that a Congressional investigation be done and to end the mockery against the American people regarding the illegal usurpation of their nation and it’s laws.
Every member of Congress is now open to legal prosecution for their crimes against the Citizens of their jurisdiction. That jurisdiction meaning Concurrent Jurisdiction (Federal or state courts could hear) for allowing unconstitutional federal laws to be enacted and enforced in their jurisdiction (such as ObamaCare), to Exclusive jurisdiction (Only federal courts have authority to hear , state courts cannot) federal crimes including failing to uphold their oath of office to protect the United States Constitution.
Filed under: Election, illegal alien, Natural Born Citizen | Tagged: 2016, Congress, Courts, cruz, Donald Trump, Election, Marco Rubio, Natural Born, rubio, Ted Cruz, Trump | 1 Comment »