IS THE CONSTITUTION NOW MEANINGLESS?
by Sharon Rondeau
(Dec. 17, 2012) — The 538 members of the Electoral College are casting their votes today in their respective capitols for president and vice president as a criminal complaint challenging the outcome of the 2012 election is being prepared for filing by the U.S. Patriots Union.
The complaint has not yet been filed because of a lack of funding from the public but the Patriots Union has announced that it will alternatively “NOTICE proper officials today” to enjoin the Electoral College vote until allegations of election fraud can be fully investigated.
The Associated Press has reported that “the outcome is not in doubt” despite the numerous allegations of election fraud and Obama’s release of a birth certificate labeled fraudulent by a law enforcement investigation, calling the voting of the electors “a constitutional formality.”
Obama’s constitutional eligibility was challenged in many states through ballot challenge laws during the primary season and beyond and is again challenged by Atty. Larry Klayman in a Florida court case alleging that Obama “is a direct threat to the safety and security of the United States, and its Constitution, which plaintiff must protect and defend by oath” and is not constitutionally eligible because of his foreign-citizen father. He has also been accused of treason by at least several thousand citizens, begun by a retired member of the U.S. Navy, Walter Francis Fitzpatrick, III.
As of Friday, December 14, $100,000 was needed to file the criminal complaint naming Barack Hussein Obama, Leon Panetta, Debbie Wasserman Schultz and other Democrat Party officials, numerous city commissioners and Tom Corbett, Governor of Pennsylvania as defendants with the assistance of the North American Law Center.
Atty. Orly Taitz has a pending case filed in California in which she was granted seven days to submit documentation supporting her demand for a Temporary Restraining Order to stay the certification of the electors’ votes based on Obama’s alleged use of a stolen Social Security number, fraudulent long-form and short-form birth certificates, and missing college applications which presumably would have indicated whether or not he attended Occidental College as a foreign student and therefore foreign citizen.
In another of Taitz’s cases, Social Security Administration Commissioner Michael Astrue defaulted by failing to supply a response within the specified time frame and has refused to allow Taitz access to a certified copy of Obama’s purported Social Security number application. Taitz claims Obama is using a number issued in Connecticut, where Obama has neither worked nor lived as far as the public knows.
A Maryland lawmaker had called for an investigation into at least one voting machine which several voters claimed they witnessed registering a vote for Obama when they had pressed the touch-screen area for Mitt Romney. It was also proved that the Obama campaign did not invoke the mechanism of requiring the CVV code for internet donations as the Romney campaign did, which allowed donations from foreigners to be accepted in violation of federal election law.
The criminal complaint alleges widespread election fraud, including the contention that Barack Hussein Obama is not constitutionally eligible to hold the office of president. Article II, Section 1, clause 5 of the U.S. Constitution requires that the president be a “natural born Citizen,” 35 years of age, and a resident within the United States for at least 14 years. The Twelfth Amendment imposed the same qualifications on candidates for vice president in the event that they assumed the presidency.
A legal information website states that the Twelfth Amendment supersedes Article II, Section 1, clause 3 of the Constitution, which states:
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List 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. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
Prior to the ratification of the Twelfth Amendment between 1803 and 1804 by 15 of the then-17 states, with Connecticut and Delaware failing to ratify, the electors chose candidates for president and vice president separately rather than as a unit of a political party.
Article II, Section 1 of the Constitution also provides:
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.