Excellent article which explains the election process of the House and Senate in counting the votes of the electorate. It also lays out the facts about the dispute over Obama's eligibility.
WHO WILL STAND UP FOR THE U.S. CONSTITUTION?
By Lynn Stuter
December 30, 2008
As we near the end of 2008, the day is rapidly approaching when Congress shall convene to address the votes of the Electoral College as set forth in 3 USC, Title 3, Chapter 1, Section 15,
Congress shall be in session on the sixth day of January succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o'clock in the afternoon on that day, and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United states, and, together with a list of the votes, be entered on the Journals of the two Houses. Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any.
Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section 6 of this title from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified.
If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section 5 of this title to have been appointed, if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State; but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section 5 of this title, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its law; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State.
But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted. When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of.
More and more concerned Americans are contacting their U.S. Senators and Representatives regarding the likelihood that Barack Hussein Obama is not eligible to the office of president as required by Article II, Section 1, United States Constitution. One response concerned Americans are receiving follows along the lines that Barack Hussein Obama has presented his birth certificate and is eligible. Nothing could be further from the truth.
What follows are the undisputed facts concerning the eligibility of Barack Hussein Obama to the office of president. Any U.S. Senator or U.S. Representative is welcome to dispute these yet undisputed facts. In so doing, however, the American people demand that the evidence be produced:
1 - Barack Hussein Obama has not been vetted or certified eligible to the office of president of the United States by any agency tasked to do so or authorized to do so. 2 - Not one American citizen, not one Senator, not one Representative has seen, touched or examined Barack Hussein Obama’s vault copy Hawaii birth certificate. On October 31, 2008, Dr Chiyome Fukino, Department of Health, Hawaii, issued a press release in which she stated that she had “seen and verified” that a Hawaii birth certificate for Obama did exist; she did not state what was on it nor did she state that it showed that Obama was born in Hawaii. 3 - The Certification of Live Birth (COLB) that Obama has been waving about is not a “birth certificate” as he claims, as the mainstream media claims, as FactCheck.org and FighttheSmears.com claims. The COLB is a short form, computer printed document deriving the information printed thereon from a database of information supposedly (See #13 and #14 below) taken from the original long form vault copy Hawaiian birth certificate. 4 - Factcheck.org claims to be a non-partisan organization. Factcheck.org is funded by the Annenberg Foundation on whose board Obama sat. Factcheck.org is about as non-partisan as is Obama. The Annenberg Foundation has never passed up a chance to fund a “progressive” (a.k.a., Marxist) cause. 5 - Hawaii has a law, HRS 338-17.8, which allows for the birth registration of a child born in a foreign country so long as one parent is a U.S. citizen and so long as that parent claimed Hawaii as his or her permanent residence for one year prior to the birth. Stanley Ann (Dunham) Obama met both of these requirements. 6 - If Obama was born in Hawaii, he is, at best, a dual citizen. At his birth, his father was a British subject as Kenya was a British colony. Dual citizenship precludes Obama from eligibility under Article II, Section 1, United States Constitution. Prior cases decided by the United States Supreme Court, involving the determination of “natural born” have used Vattel’s “The Law of Nations” definition which states, “The natives, or natural-born citizens, are those born in the country, of parents who are citizens.” (Part I, Chapter 19, Section 212). Factcheck.org states that Obama was a dual citizen at birth. 7 - If Obama was born in Kenya, he was, at birth, a British subject as Kenya was a British colony. American law, at that time, required that Stanley Ann (Dunham) Obama be a minimum of 19 years of age at his birth to confer to him her American citizenship if he was born outside the United States; she was only 18 years old when Obama was born. 8 - Barack Hussein Obama’s paternal step-grandmother has stated before witnesses, said witnesses signing affidavits, that she was witness to the birth of Obama in Kenya. See here, here, and here. 9 - Michelle Obama has stated that Barack Hussein Obama was adopted by his step-father, Lolo Soetoro, an Indonesian citizen. 10 - When Barack Hussein Obama was registered at the Fransiskus Assissi Primary School in Jakarta, Indonesia, his father was listed as Lolo Seotoro; his citizenship as Indonesian; his name as Barry Soetoro. 11 - When Stanley Ann (Dunham) Soetoro divorced Lolo Soetoro in 1980, the divorce papers show they had two children: one minor child (Maya), one over 18 (Barack). 12 - When Barack Hussein Obama, aka Barry Soetoro, became an Indonesian citizen, his British citizenship would have been terminated; if he was born in Hawaii, also his American dual citizenship. Indonesia does not allow for dual citizenship. 13 - Returning to the COLB. This document, as waved about by Obama, may be authentic on its face (See #14), but it is not accurate. Were it accurate, it would show Lolo Soetoro as his father; his name as Barry Soetoro. 14 - The COLB Obama waves about lists the race of his biological father as “African.” African is not a race any more than American is. This brings into question the authenticity of the COLB Obama is waving about as his “birth certificate.” 15 - If Barack Hussein Obama, aka Barry Soetoro, did become an American citizen, he became a naturalized American citizen which precludes him from eligibility under Article 2, Section 1, United States Constitution. There has been no proof presented that he is even a naturalized American citizen. 16 - Barack Hussein Obama has multiple aliases: Barry Soetoro, Barry Dunham, Barry Obama, Barack Soetoro, Barack Dunham. When he registered with the American Bar Association, he listed none of these as is required by law. Unless he had his name legally changed to Barack Hussein Obama after his adoption, of which there has been no proof presented, Barry Soetoro is his real name and Barack Hussein Obama is an alias. 17 - All his passport records, education records, medical records, birth records have become “not available” to the public. Those records show where he was born, if he applied for or received aid as a foreign student, the country or countries from which he has received passports. 18 - His selective service registration appears to be fraudulent. If he was a naturalized American citizen when he turned 18, and he failed to register with the selective service, he is barred from holding any position in government, elected or otherwise. 19 - If he is not even a naturalized citizen, he is barred from holding any elected office. 20 - If he is not even a naturalized citizen, he is an illegal alien.
Every U.S. Senator and Representative has taken an oath of office to uphold and defend the U.S. Constitution. In consideration of the above undisputed facts and the failure of any body, agency, or office so tasked or so authorized, to vet Obama’s eligibility to the office of president; every U.S. Senator and Representative has a sworn duty to write, sign and file an objection in accordance with 3 USC, Title 3, Chapter 1, Section 15.
Another response concerned Americans are receiving from their U.S. Senators and Representatives claims that the eligibility issue has been addressed by several lawsuits which have all been dismissed. It is true the lawsuits have been dismissed, but every U.S. Senator and Representative making this claim also knows that these lawsuits have not been dismissed on merit but rather on standing, which does not mean the lawsuits do not have merit, that the evidence presented in these causes is not true. And what SCOTUS has denied, to date, has been the applications for injunction to stop the certifying of the election until said time as Obama produces the evidence proving his eligibility. If Congress refuses to uphold the U.S. Constitution on January 6, 2009, SCOTUS will then have the jurisdiction to move on the evidence. Whether they will or not is to be seen.
If SCOTUS refuses to deal with the issue before January 20, 2009, refuses to look at the evidence, then the U.S. Constitution will have been effectively subverted, and the only avenue left to the American people to protect their U.S. Constitution is set forth in the Declaration of Independence, in Congress, July 4, 1776,
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
John Adams, 1787,
The people in America have now the best opportunity and the greatest trust in their hands that Providence ever committed to so small a number...if they betray their trust, their guilt will merit even greater punishment than other nations have suffered, and the indignation of Heaven....