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Voices of
Liberty |
"Don't interfere with
anything in the Constitution. That must be maintained, for
it is the only safeguard of our liberties."
-- Abraham Lincoln
"If war should sweep our commerce from the seas, another
generation will restore it. If war exhausts our treasury,
future industry will replenish it. If war desiccate and lay
waste our fields, under new cultivation they will grow green
again and ripen to future harvest. If the walls of yonder
Capitol should fall and its decorations be covered by the
dust of battle, all these can be rebuilt. But who shall
reconstruct the fabric of a demolished government; who shall
dwell in the well-proportioned columns of constitutional
liberty; who shall frame together the skillful architecture
which unites sovereignty with state's rights, individual
security with prosperity?"
-- Daniel Webster
"If the freedom of speech is taken away then dumb and
silent we may be led, like sheep to the slaughter."
-- George Washington
"I would rather be exposed to the inconveniences
attending too much liberty than those attending too small a
degree of it."
-- Thomas Jefferson
"Be not intimidated, therefore, by any terrors, from
publishing with the utmost freedom whatever can be warranted
by the laws of your country; nor suffer yourselves to be
wheedled out of your liberty by any pretenses of politeness,
delicacy, or decency. These, as they are often used, are but
three different names for hypocrisy, chicanery, and
cowardice."
-- John Adams |
The Need
In order to ensure that the constitutional mandate established by
Article II, Section 1 of the US Constitution is adhered to there needs
to be a mechanism put in place that grants authoritative power to
enforce the provision set forth for presidential eligibility. To date,
there is no mechanism in place.
During our research into this
matter the following truths were discovered:
The Federal Election Commission
The Federal Election Commission is charged, exclusively, with regulating
and enforcing election campaign finance law. The FEC's domain does not
include verifying the eligibility of the candidates per Article II,
Section 1 of the US Constitution.
The FEC’s mission statement reads:
“In 1975, Congress created the Federal Election Commission (FEC) to
administer and enforce the Federal Election Campaign Act (FECA) - the
statute that governs the financing of federal elections. The duties of
the FEC, which is an independent regulatory agency, are to disclose
campaign finance information, to enforce the provisions of the law such
as the limits and prohibitions on contributions, and to oversee the
public funding of Presidential elections.”
County & Sub-State Level
Election Authorities
County and sub-state level election authorities routinely abdicate the
responsibility of vetting POTUS and VPOTUS to their respective state
election boards and commissions.
State Boards of Election &
Commissions
The only verification process that State Boards of Election and State
Election Commissions execute is to require:
1) A
Statement of Candidacy – This form (this is an FEC form but it
encompasses the requirements of every state) requires each candidate to
provide his name, address, party affiliation, office sought, the state
and district of the contest, a designation of a principle campaign
committee, the designation of other authorized committees and a
declaration of intent to expend personal funds. Lastly, it requires a
potential candidate to “attest” that he or she is “qualified for the
office specified.” At no place in the official guide or paperwork is a
birth certificate or other form of verification of natural born
citizenship required
2) A Loyalty Oath (Ironically, this is optional)
3) Receipt for filing a Statement of Economic Interests (This is not
required for Federal Office or political party offices)
4) Completed Nominating Petitions – These petitions must be correctly
filed out, notarized and contain a sufficient number of original
signatures as set forth by the election commission
When contacted by our
researches, each and every election board and commission responded, some
through their legal counsels, that the entity responsible for vetting
the eligibility of their nominated candidates is the political party
itself.
Florida: "Under
Florida law, the way in which a major party’s candidate is placed on the
ballot is that the state executive committee of each political party
submits its slate of presidential electors for its candidate before
September 1st of each presidential election year; then, by law, the
names of candidates are printed on the ballot. Those candidates are not
required to provide any documents to the State that they meet the
qualifications for office."
North Carolina: "The
North Carolina State Board of Elections has accepted the nominations for
President from the Democratic, Libertarian and Republican Parties as
presented by those parties. The North Carolina State Board of Elections
does not have jurisdiction to hear a challenge to the eligibility of
these Presidential candidates."
California: "While the
Secretary of State certifies candidates for the ballot, each political
party is legally responsible for choosing the candidate they wish to
place on the ballot."
Michigan: "Please be
advised that the state central committee of each political party
qualified to appear on the ballot certifies the names of its nominees
for U.S. President and Vice-President to the Secretary of State under
the signatures of the chairperson and secretary of the committee. (See
MCL 168.686) Copies of the nominees' birth certificates or birth records
are not required."
Political Parties
A search of both the Republican National Committee and Democrat National
Committee websites turns up no information about how either of the
party's executive committees vets their proposed candidates. Further, no
information about either of the parties most recent candidate's
eligibility qualifications was accessible through their organization's
official websites.
20th Amendment
The Section III to the 20th Amendment to the US Constitution states:
"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 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."
Although the Twentieth Amendment to the United States provides for a
line of succession in the event of the death of the President-Elect or
in the event that the President-Elect and/or the Vice-President-Elect
fail to "qualify" to hold office, it does not provide for a mechanism to
enforce Article II, Section 1 of the United States Constitution in that
it does not mandate a procedure to verify the credentials needed to
satisfy Article II, Section 1. |