By the group We Are Change
What would your neighbors say?
Thoughts on Our Constitutional Republic
By the group We Are Change
What would your neighbors say?
3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Guts, America, and Common Sense: The 25th Amendment. Do. It. Now.
This is Presidential disability based on being unable to discharge the powers and duties of the office, for any number of reasons the first of which is always that Obama is not eligible for the job under Article II of the Constitution. As is well known, there are other underlying reasons that behaviorally disable Obama, and why the 25th Amendment remains an important tool to be used in his removal:
The Vice President, cabinet, Speaker of the House and all of Congress know Obama is ineligible. They have lied as thick as thieves to preserve this secret. For these people, Amendment 25 saves their face…and ass temporarily. They know through their feeble ‘investigations’ of Obama’s gun running and the Benghazi cover up that Obama and his administration are lying. Obama has openly provided comfort, aid and shelter to our enemies, specifically the Muslim Brotherhood whose goal is the destruction of the United States.
For Obama, it ‘saves’ him –albeit temporarily–from charges of and the penalty for sedition and treason, from impeachment, from charges of deliberately polluting the Gulf of Mexico, and from a lengthy jail term and fine…and the associated ‘shame’ of being outed for who he truly is. He can still be ‘acting 44′ while his ‘disabilities‘ are
Let’s face it. Obama does not want the job, and his wookie wife and mother-in-law want out of the ‘dingy’ White House, made more dingy by their trashing of America’s history, beauty, accomplishments, and exceptionalism. On has to ask the question if Obama is even a sane man? Or if he is ever clean and sober. He looks stoned or high all the time to me.
Your thoughts on the 25th?
Abdul Karim Hassan is a naturalized citizen who wishes to run for the Presidency of the United States. This even though the Constitution says “[n]o person except a natural born Citizen . . . shall be eligible to the Office of President.” Hassan v Scott Gessler, Colorado SoS
Business Insider reported on September 5, 2012, Abdul Karim Hassan’s series of lawsuits claiming his right to run for the Presidency have been denied in the Second, Third, and now Tenth Circuit Court of Appeals. A similar ruling was issued September 28, 2012 for the United States District Court for the District of Columbia.
The significance of these rulings cannot be underestimated as they affirm that the natural born citizen clause of Article II of the U.S. Constitution has not been trumped, abrogated, or implicitly repealed by the Equal Protection guarantee of the Fifth Amendment nor the citizenship clause of the Fourteenth Amendment. These arguments are the same ones used by Obama’s lawyers in fending off the legitimate challenges to Barack Obama’s candidacy and presidency; by the secretaries of state to refute ballot challenges, and by the media, pundits, Congress and the academics to cover up the usurpation of the presidency by Obama/Soetoro. Of course, the corrupt SCOTUS hears nothing, sees nothing, and says nothing.
Obama and his supporters, the Congressional eligibility deniers, and the media have been soundly defeated and Obama is still ineligible to hold or run for the office he seeks. What is more interesting is that the legal rulings lend support to the charges of misprision of felony that all members of Congress, and all the secretaries of state face in contributing to the overthrow of the White House.
This article briefly reviews the history of this case and its rulings.
The FEC Filing
Hassan, a Guyana-born naturalized American citizen, filed papers with the Federal Election Commission to run for the presidency. Astoundingly, the FEC ruled in September 2011 that Hassan could file papers and raise money to run for president of the United States:
But the agency also told the prospective candidate, Abdul Hassan, that his campaign may not receive federal matching funds because he was not born in America. However, the agency’s decision stopped short of addressing the constitutional issue of whether someone born outside the United States can be president.
Importantly, the FEC made clear that it was outside it’s jurisdiction to decide the constitutional merits of Mr. Hassan’s candidacy, saying that vetting was up to the States:
“This does not mean that he can go and say ‘look the FEC has said that I am a candidate, give me money, I’m official,’” said Republican Commissioner Donald McGahn. “That is not what we do here; we don’t certify you as a candidate. That’s what the states do.” (emphasis added)
Democratic FEC Commissioners had ‘trepidation’ in issuing this unanimous opinion because of how it might be perceived. They attempted to qualify and explain their rationale:
“By saying that it is okay — it does give the impression that we don’t see a problem,” said Democratic Commissioner Steven Walther. “I think that we really need to be cognizant of how this could be misconstrued.”
To address this problem, one of the final sections added to approved opinion states:
“Notwithstanding this conclusion, the Commission expresses no opinion on Mr. Hassan’s potential liability arising out of his proposed activities under any other Federal or State law, including any laws concerning fraudulent misrepresentation. Any such issues are outside the Commission’s jurisdiction.”
“For us this is really all about what we are empowered to decide and what we are not empowered to decide,” said Democratic Commissioner Ellen Weintraub. “Nobody is saying that it is fine and nobody is saying it’s okay for this guy to be going out and raising funds.’”
Ballot Access Denied in Colorado, New Hampshire
Hassan then proceeded to set up a website and attempted to get on the ballot in New Hampshire and Colorado. When denied access by both Secretaries of State of each state, he sued. He has filed five lawsuits which argued that:
… the Constitution’s natural-born-citizen requirement is a vestige of our less noble past, before we decided that discrimination based on national origin is a grievous wrong. (He points in his briefs to Dred Scott v. Sandford.)The lawsuits say the Constitution’s admonition that “[n]o person except a natural born Citizen . . . shall be eligible to the Office of President” violates the Equal Protection Clause of the 14th Amendment.
Hassan initiated other lawsuits aimed at the natural born citizen requirement based on these assumptions, and filed against the Presidential Election Campaign Fund Act (26 U.S.C. §§ 9001-9013) which provides public funding to Presidential nominees of major or minor political parties after the FEC issued an advisory opinion that Hassan did not qualify for any matching funding because he was not a natural born citizen. Hassan argues that the Presidential Campaign Fund Act is:
(1) unconstitutional and invalid, and (2) the natural born citizen clause of the Constitution1 is irreconcilable with, and has been“trumped, abrogated and implicitly repealed” by, the Equal Protection guarantee of the Fifth Amendment and the Citizenship Clause of the Fourteenth Amendment.
Now this is where it gets interesting. The FEC as defendant submitted a motion to dismiss the case based on the same premises that have been used to try to defeat challenges to Obama’s eligibility. That is,
Pending before the Court is Defendant’s Motion to Dismiss for lack of jurisdiction under Rule 12(b)(1), or in the alternative, for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (emphasis added)
The FEC also argued that Defendant argued that this Court should deny Plaintiff’s Application because
the Complaint fails to present an Article III case or controversy, and alternatively, because it does not present a substantial constitutional question. (emphasis added)
The government moved to dismiss the case–using the same arguments it has used to dismiss other cases against Obama–(1) failure to present a claim upon which relief can be granted, (2) lack of jurisdiction, (3) failing to present an Article III case or controversy, and (4) failure to present a substantial constitutional question.
The one argument missing from the government’s defense? STANDING.
American Jurisprudence and Constitutional Legal Thinking
The DC circuit court dismissed Abdul Hassan’s case. The judge’s ruling denying Abdul Hassans suit against the FEC is illustrative for the process the Judge followed in making its conclusions. As opposed to ducking jurisdiction and ducking its Article III responsibility to hear cases involving constitutional questions, the court determined:
Because subject matter jurisdiction focuses on the court’s power to hear the claim, however, the court must give the plaintiff’s factual allegations closer scrutiny when resolving a Rule 12(b)(1) motion than would be required for a Rule 12(b)(6) motion. Macharia v. United States, 334 F.3d 61, 67-68 (D.C. Cir. 2003). Thus, to determine whether it has jurisdiction over a claim, the court may consider materials outside the pleadings where necessary to resolve disputed jurisdictional facts. Herbert v. Nat’l Acad. of Scis., 974 F.2d 192, 197 (D.C. Cir. 1992). (emphasis added)
Regarding FRCP Rule 12 (b), the court determined:
A court need not, however, “accept inferences drawn by plaintiffs if such inferences are unsupported by the facts set out in the complaint. Nor must the court accept legal conclusions cast in the form of factual allegations.” Id. In addition,“[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” (emphasis added)
In other words, the Court actually took on the issue, was legally entitled to review additional information, and ruled it did not have to accept inferences or ‘legal conclusions cast in the form of factual allegations’. Every one of the Obama challenge cases was thrown out first, on standing, and second, using the measly excuses such as failure to present a case, lack of Article III jurisdiction, or the ‘political question’.
Article II Still Stands
I hope everyone who has been involved in the eligibility movement can appreciate the significance of these rulings for the Constitution, the requirements of the Presidency, and all the work we have accomplished over the last several years. It is critical to inform your friends who are skeptical of the ‘birthers’ or disappointed in the perceived failure of the 100+ cases challenging Obama that several courts have affirmed the natural born citizen requirement of the presidency–that it still stands, and that we are right and always have been on this issue.
Significantly the FEC believes the States are responsible for the determination of eligibility, just as the Article II Superpac, the Obama Ballot Challenge, the extensive legal work of many scholars, and many, many others have indicated. The 2009 Continental Congress recommended vetting laws at the state level were required, and the Article II Superpac will continue its efforts after this election and into 2013 to ensure a vetting process is in place at multiple levels, to make sure the usurpation of the White House by an unknown, unvetted foreign national never happens again.
Please donate to the Article II Superpac to ensure its efforts continue through and beyond the 2012 election. The national security of our Nation is at stake.
How big of a laughing stock does the U.S. have to become before our military wakes up and takes this clown out?
The reality is this is beyond impeachment. This is a conspiracy of election fraud which has involved destruction of property, Hillary Clinton on treason charges, Barack Obama being a foreign asset plotting against the Government of these United States as Barry Chin, and the premier charge of multiple counts of homicide. I would ask the Grand Jury to toss in an indictment of Obama for violating bin Laden’s corpse in buying it and Obama charged for the rape of Lara Logan.
So what does this distract from? The anniversary of 911, more investigations of Obama’s ineligibility, a disastrous convention for the democrats, and the big one, Bernacke’s QE 3–the next bailout to secure our slavery forever.
Ask yourself who benefits from these events, and then listen to Revolution Radio’s episode, “who are the real terrorists” for some truth.
Obama’s next campaign stop? Leavenworth, Kansas.
The crime of the century has been committed on our watch, though it has its roots in the 20th century scoundrels that destroyed the U.S. dollar, enslaved and dumb-downed citizens through ‘government schools, and terrorized generations with war, terrorist attacks, economic depressions, poverty, and disease.
The stunning end result of 20th Century madness is the usurpation of the White House by the foreigner Barack Hussein Obama/Soetoro, in my view, a clear act of war against the United States.
Congress’ fingerprints at the White House crime scene
The facts are in. We know, definitively, that the alleged Obama
birth certificate on the White House Website is fraudulent.
Congress must admit their culpability in this. They faced a
Presidential candidate with credentials based almost entirely
on two autobiographies full of composite characters, errors,
and outright fiction. Rather than step up and do their job, the
Democrat-controlled Congress failed to properly vet their
candidate’s fairytale narrative. Now the chickens have come
home to roost and Congress is desperately evading the issue
while trying to sustain the illusion of themselves as defenders
of the Constitution.
The shock of this usurpation turned to the finality of Congress’ participation in the cover up and to the useless, unconstitutional judiciary heeding instructions to ignore the constitution. Yet the judiciary in particular is that crowd of 20th century lawyers who went to the ‘finest’ law schools that served only to undermine, avoid, diminish, and ridicule the constitution in favor of ‘case law’, made-up opinions with little or no founding in the principles of Constitutional law. The death of Lady Liberty, brought to you by the politicians that scammed your vote while stabbing you in the back, all the time pretending to be defenders of the Constitution.
Representative Peter King shows us how:
And Commander Charles Kerchner reminds us how those two newspaper announcements prove absolutely nothing:
Open thread on the usurper, his crimes and cronies.
Ever wonder who the real president of the United States is right now? Technically, its Joe Biden.
Obama is constitutionally unqualified for the presidency under Article II, Section 1, Clause 5. At the end of the long process of voter fraud, voter intimidation, misinformation by the media, voting, vote theft, DNC fraud, and electoral college counts, the joint session of Congress assembled in early January 2009 to certify the electoral college votes. Both the certification of the candidates and the call for objections to Obama’s eligibility that could have been raised on January 8, 2009 were not allowed/implemented/conducted by then Vice President Cheney and/or Speaker Pelosi.
If Amendment Twelve would have been implemented– a legal, constitutional, and proper legislative action –Joe Biden would have been President and Sarah Palin Vice President.
Amendment Twelve says in part:
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted…
In Kerchner v. Obama et al –including Cheney and Pelosi, government lawyers argued that these duties under the 12th Amendment were ministerial and not ‘official’; yet they used the official status of Cheney and Pelosi as a shield to prevent legal action while performing ‘official duties’.
But the duties involving the constitutional certification of the President and Vice President are consequential, serious, and constitutional. Thus, President of the Senate and VP Joe Biden, and Speaker John Boehner need to be reminded of their duties under their solemn oath of office and their Constitutional responsibilities when it comes to Amendment Twelve.
Open Letter to President Joe Biden:
Dear President Biden:
As you are undoubtedly aware by now, Mr. Obama is not constitutionally eligible to hold the presidency. This makes you the current legal president of the United States and Mr. Obama an unlawful occupant of your office. Since no one has officially acknowledged this I will be the first to congratulate you, and probably the first to offer condolences for the lack of recognition of this fact.
Since you are operating as Vice President, you are simultaneously the President of the Senate. In that role you have a number of awesome responsibilities, including the certification and counting of the Electoral College vote on January 9, 2013. That task requires, historically and under Amendment Twelve, the certification that the president/vice president-elect meet the constitutional qualifications of the office.
You have always had it within your power to redress the situation of Congress’ failure to certify Mr. Obama’s constitutional qualifications. Under the Twenty-Fifth Amendment, you are able to recommend, with the majority of the cabinet, the removal of the President for a ‘disability‘ that makes him unable to fulfill the obligations of the office. As an officer of the United States, you should also know about Title 18 and the misprision of treason and felony statutes requiring the disclosure of activity that would be considered a crime under the laws of the United States.
During that day of January 2013, a number of objections to the certification of Barack Obama, if he is re-elected, are likely from several states, and will include representatives and senators. It is your constitutional duty to call for and hear those objections and ascertain the next steps.
In 2009, your predecessor VP Dick Cheney refused to call for or hear any objections. Speaker Pelosi ignored the requirement to certify constitutional eligibility contained in Amendment Twelve.
However, unlike 2009, in 2013 millions of Americans are aware of the duty you have as President of the Senate, and as a sworn constitutional officer of the United States. We will be watching and witnessing your actions that significant day when your legacy, honor, office, and integrity will all be on the line.
Will history disdainfully conclude that you conspired to overthrow the United States by allowing and working with a constitutionally ineligible foreigner to usurp the office of the President? Or will history glorify your action and integrity as the man who saved the Presidency?
Honor America, Mr. President.
Well I am sure there are many improvements and better zingers possible with a letter to Biden. I hope you use this one, or draft your own…we can work on many levels to exert influence on those who must be told what to do.
The next officials that I will target letters to are those senators and congressmen in each of the states where a ballot challenge or other legal actions have been undertaken. In theory anyway, the Senators and Representatives are obligated to object on behalf of their constituents.
Ballot Challenges are Not Over
Remember the ballot challenges are not over; some suggest that the precedent set by of all the cases trying to get at Obama’s eligibility led to specific legal timing of a challenge–which has to be after he’s nominated but before his name is placed on a ballot. The window of time is very short and each state varies. Find your state’s window for the challenge to the state’s General Election ballot.
Your thoughts? After that, open thread!