COMPROMISING our CONSTITUTIONAL REPUBLIC

October 28, 2012

©2012 jbjd

In what became known as the “Great Compromise,” attendees at the Constitutional Convention of 1787 formulated a bi-cameral Congress, with one body – the Senate – consisting of 2 (two) citizens from each state; and the other body – the House of Representatives – consisting of 1 (one) citizen fronting for each 30,000 citizens in the state. In this way, the Congressional power of the smallest states, whose populations could be said to be ‘over-represented’ when it came to number of citizens per each Senator; was offset  by the power of the largest states when it came to number of Representatives resulting from superior population. The Constitution and the Idea of Compromise

If we Americans better understood that, the Legislative branch of government is predicated on the fact, this Constitutional republic functions through a representational government, which is intended to fairly apportion power among all of the constituent states; and that, Electors are chosen consistent with this principle, that is, the number of Electors in each state equals the number of U.S. Senators (2) plus the number of U.S. Representatives, which varies with population; then, many of us might not be so eager to scrap the current system and replace it with a one-person-one-vote scheme more consistent with what some mistakenly characterize is, in fact, a Democracy.

To say nothing of the fact that when we finally get around to shoring up our election laws so as to guarantee that only the Presidential candidates Constitutionally qualified for the job may appear on the ballot and subsequently be voted for by Electors in any one state; our endeavors will not be offset by lax conditions allowing anyone to get on the ballot or be elected President by Electors, in another.
HOW ADOPTING the “NATIONAL POPULAR VOTE INITIATIVE” CAN STEAL an ELECTION ‘BY HOOK’ and ‘BY CROOK’


HOW to WRITE SMART CANDIDATE ELIGIBILITY LAWS in your STATE (and make applying to get on the ballot harder than applying to get into Harvard)

January 24, 2011

©2011 jbjd

In August 2009 I replied to a Comment here on the “jbjd” blog:

At some point, I will switch my primary focus to drafting model legislation for the several states, to include state verification of the parties’ nominees. For now, I want to use existing laws. After all, this is why we enacted them!

2009/08/08 at 20:37

Due to circumstances beyond my control, this is that “point.”

As you know, several blogosphere pundits have historically scurried to secure for themselves a spot at the head of the eligibility advocacy pack by hyperbolically focusing readers’ attention on one hair-brain epiphany or scheme after another;  alternately raising and quashing the hopes and expectations of millions of citizens desperate for a definitive resolution to the question of Obama’s Constitutional eligibility for POTUS.  They  have managed to capture unearned credibility (and augment their financial coffers) by stealing bits and pieces of the sound solutions proposed here on the “jbjd” blog, recycled under their monikers, without proper accreditation and with mistakes.

For example, there is the tale referenced below, falsifying and exaggerating the significance of differences in Certifications of Nomination submitted to election officials in various states.  In the year-and-a-half since hatched, this one lie has polluted the blogosphere, effectively depriving millions of citizens from learning the facts about our electoral system, facts which could forestall the chance that those of us who know more about ‘how things work’ will ever again get away with using that superior knowledge to steal power from the rest of us.

Magna Carta says: The Canada Press story is also on Obama File blog. I was trying to figure out how to get to the guy running this blog to notify about your efforts over the last several months.If anyone knows…tell me where to click.

Magna Carta: Before I forget, I had inadvertently held one of your comments in Moderation, even though I had responded with quite a lengthy reply. Have you seen it?

Please, people, if you see my work repeated without attribution, tell the owners of the blog! The integrity of the information I post here can be destroyed by one bogus presentation. It’s like inadvertently buying a knock-off Gucci bag that falls apart after one use; luckily, the name Gucci has been well-established to mean quality, and can survive random usurpation. But these issues I am presenting represent first impressions, that is, situations that have not been examined before. As one commenter wrote, I discuss these issues “sans” the drama. Because once these issues become mired in hyperbolic rant, they lose their import and we who discuss these issues and seek explanations and solutions lose our credibility outright. For example, knowing the Certifications of Nomination presented by the D party to elections officials in SC and HI were different, could be explained by screaming words like conspiracy, or cover-up. Or, noticing the difference in the forms could lead to a discussion that each state legislates the process by which the political parties can get the name of their nominee for POTUS onto the state’s general election ballot. (This means, the people in that state determined how the party would submit the name of its nominee to state elections officials.)

You get what I mean. ADMINISTRATOR

2009/09/12 at 22:03

Or the selfish gambit by those unscrupulous attention junkies to usurp the  strategy we devised that could finally resolve the eligibility question by compelling state A’sG in those states that require candidate eligibility to appear on the ballot; to investigate citizen complaints of election fraud against various members of the D party.

Sheila says: jbjd I have been following your blog for a while now and have seen the work you and other people are putting into this effort and I wanted to inform that there is an article written in THE POST AND EMAIL out of New Hampshire about the NH SOS investigating election fraud by NP,BO and the DEMS. In article they were crediting the Canadian Free Press with all of your work. I sent them an e-mail to inform them they had it wrong. Thought you might be interested!!!

Sheila: Thank you so much. (Remember, Justin Riggs put in the work to obtain the HI documents; I merely noted the difference with other Certifications and ‘interpreted’ that difference to be required by state law.) Are you from NH? Does NH law require the candidate to be eligible to get onto the ballot? ADMINISTRATOR

09.13.09
OMG. This theft of my intellectual property could completely undermine all of our hard work.

CFP copied my blog, making a big deal about the ‘newly’ discovered difference in signatures on Certifications of Nomination, concluding these differences in Certifications meant, the party had committed fraud. They failed to mention, state law dictates what goes on each Certification; and whether the Certification must originate with the DNC or the state D party Chair. Of course, all of this information is on my blog. No; for CFP, the fraud was proven merely by the different versions of the Certification. Then, WND copied my work wholesale, and credited Mr. Williams from CFP but not me. Just like CFP, WND also omitted the fact, HI law required the extra line in the Certification. (This makes sense, since in the same way that CFP is the front for Douglas Hagmann; Center for Western Journalism is the front for WND and Farah. They can label their propaganda however they want; but essentially, they are in the business of shaping opinions and not investigating and analyzing hard ‘news.’)

Now, a state Rep. in NH – he is a Plaintiff in one of Orly’s cases – was given the information from CFP. He contacted the SoS in NH to look into fraud; evidently, she agreed. But no fraud occurred in NH. As I have been saying since last summer, no provision of any law, federal or state, requires any state official to check whether the nominee for POTUS from the major political party is Constitutionally eligible for the job. This is the reason that any lawsuit predicated on Mandamus was doomed to fail. That is, the court – judicial branch – will not order the SoS – executive branch – to perform a specific job function unless such function is spelled out in the law – legislative branch. Most state laws also fail to require the nominee to be Constitutionally eligible for the job. In fact, most laws entitle the name of the nominee to appear on the ballot. All the party is required to do is to Certify the name of its nominee, to appropriate state officials. And since NH law does not require the nominee to be a NBC, having legally Certified he is the nominee, no fraud occurred.

We have begun filing election fraud complaints with A’sG in those states with laws requiring the candidate must be eligible for office to appear on the ballot. The complaints make clear, the D party submitted the Certifications that were required for the SoS to place BO’s name on the ballot. And the SoS did exactly what she was supposed to do, by placing his name on the ballot. In fact, by law, the party nominee is entitled to be on the ballot. However, the law in this state also requires the candidate to be eligible for the job. Now, we have no idea whether BO is eligible for the job; but we have a pretty good idea that based on the documentation in the public domain, as well as admissions by both the candidate and the party, the person signing the Certification on behalf of the party could not have ascertained whether BO is a NBC before signing the Certification submitted to the state.

It is this false meaning underlying the true Certification that is the election fraud; and the job of the AG is to investigate that fraud.

But let’s say, the SoS of NH reports, no fraud occurred. A’sG in other states will hear this and figure, no fraud occurred. So, what are these people filing these 4-page complaints of election fraud talking about?

Does this mean, the D’s did not commit election fraud in states other than NH? Absolutely not. But, tragically, because of the malfeasance of people associated with CFP and WND, and Leo and the NH state Rep., only readers of my blog will ‘get’ that distinction.

Leo Donofrio also posted this stolen information about the NH Rep., AFTER I alerted him CFP had stolen this from me. Here are the first two lines of the comment I sent him today, which comment he refuses to post. No surprise there.

“I cannot believe you posted this after I alerted you that CFP had stolen my work.”

“By stealing my work, CFP and WND have jeopardized the success of the project.”

By the way, NH has no law requiring the nominee from the major political party to be eligible for the job in order to appear on the ballot. ADMINISTRATOR

2009/09/13 at 17:33

Well, these same charlatans are now fabricating equally faulty prescriptions for preventing the problems that plagued the 2008 election cycle from repeating themselves in 2012.  Again, 1) they are stealing from me; and, as usual, 2) they don’t know what they are talking about.  So, in the best interest of enabling a well informed electorate, I am compelled to shift the immediate focus of the work I have been pouring into the “jbjd” blog away from mitigating and remediating the problems I have identified which infected the 2008 election cycle, and toward preventing these same anomalies I originally identified here on this blog 2 1/2 years ago, in the summer of 2008, from infecting the electoral cycle again in 2012.

From now on, those readers who have been emailing proposed legislation in individual states for my comment and review, should now direct all such correspondence to the Comments section of the blog so that our collaboration can benefit everyone who visits “jbjd.”

Okay, here goes.

When it comes to crafting proposals affecting legislation with respect to the electoral process for  the 2012 general election cycle that are intended to ensure we elect a President who is Constitutionally eligible for the job, such proposals cannot achieve this desired outcome which contain provisions contradicting the broad tenets spelled out below, in no particular order.

1. IN STATES WHERE CITIZENS HAVE NOT ENACTED LAWS SPECIFICALLY MANDATING ONLY THE NAMES OF CANDIDATES ELIGIBLE* FOR THE OFFICES THEY SEEK TO FILL MAY APPEAR ON THE BALLOT, THEY NEED TO ENACT THESE LAWS.

*(The word “eligible” is used in Article II, section 1, with respect to the President; neither the word “eligible” nor the word “qualified” appears in Article I, sections 2 and 3 to define who may be elected to the U.S. House of Representatives or U.S. Senate.)

2. IN STATES WHERE CITIZENS HAVE ENACTED LAWS SPECIFICALLY MANDATING ONLY THE NAMES OF CANDIDATES ELIGIBLE FOR THE OFFICES THEY SEEK TO FILL MAY APPEAR ON THE BALLOT, THE NAMES OF INELIGIBLE CANDIDATES MUST BE KEPT OFF THE BALLOT. Such ballot eligibility laws must be expanded to include verification mechanisms, either by promulgating regulations to carry out existing laws, a state function allocated to the official in charge of elections or, by tweaking the original legislation so as to allow expedited challenges of ballot eligibility; along with stiff criminal and civil penalties for violations. (These solutions to the eligibility problem were first discussed on the “jbjd” blog way back in August 2008.  See CHALLENGING BO’S ELIGIBILITY TO GET ONTO THE GENERAL ELECTION BALLOT AS THE DEMOCRATIC CANDIDATE FOR POTUS)

(Please note, objections raised that the state cannot interfere with the rights of political parties to choose their candidates can be countered with this rationale:  a decision by any state that, one candidate or another is not eligible under state law to have his or her name printed on the ballot does not mean that political parties are  not entitled to ‘run’ a candidate who fails to meet ballot eligibility. Not at all!  Failing to meet the state’s standard for ballot eligibility (or, refusing to subject party nominees to the scrutiny of vetting by the state) in no way implicates the right of the party to the nominee of its choice.  It only relieves the state of the burden to put that person’s name on the general election ballot. People who still want to vote for candidates who have failed to establish state confirmed ballot eligibility must be offered the option to write in the names of these candidates in a space provided!)

(Please note, the portion of the U.S. Code addressing criminal conduct associated with the production, transfer, possession, and use of identification documents – DE-CODER RINGS (1 of 2) and DE-CODER RINGS (2 of 2) – should be incorporated into state law, for this reason.  Breaches of federal law must be investigated and prosecuted by the U.S. Attorney, whose discretion to proceed may be influenced by factors outside of the state; whereas violations of state law can be addressed by appropriate law enforcement officials within the state, and subject to the direct influences of its citizens.  Such legislation should in no way prevent federal prosecution of document related fraud.)  (Of course, if we are as lax about persuading our elected officials to exercise their discretion to enforce news laws as we have been when it comes to enforcing laws already on the books, well, scofflaws will have as little to worry about then as they do now.)

3. IN STATES WHERE CITIZENS HAVE ENACTED LAWS SPECIFICALLY MANDATING ONLY THE NAMES OF CANDIDATES ELIGIBLE FOR THE OFFICES THEY SEEK TO FILL MAY APPEAR ON THE BALLOT, THE WAY TO PREVENT ELECTORS FROM ELECTING AN INELIGIBLE PRESIDENT IS TO ENACT LAWS PROHIBITING THEM FROM ELECTING ANYONE WHOSE NAME DID NOT APPEAR ON THE GENERAL ELECTION BALLOT IN THEIR STATE. As we now know, laws mandating that Electors must vote for the Presidential nominee of the political party exist in several states.   NEVER LESS THAN a TREASON (2 of 2) Thus, we can also write laws mandating Electors only elect Presidents Constitutionally eligible for the job.  But Electors cannot be charged with determining eligibility, for several reasons.  As we have discussed, the names of Electors are proposed by the political parties, and are usually long-time party contributors and loyalists. But this innate bias on the part of Electors is only one barrier to requiring such scrutiny of the candidates.  More importantly, Electors are not public officials answerable to the electorate.  Thus, all mandates involving candidate eligibility must be implemented by state election officials.

(Please note, requiring Electors to elect only a President whose name appeared on that state’s ballot cures another problem I previously identified with the National Popular Vote Initiative (“NPVI”).  That is, as it stands now, in a ballot eligibility state whose legislature has already voted to join the NPVI compact, Electors could be compelled to vote for the Presidential candidate who amassed the most votes in the compact states, notwithstanding s/he failed to qualify to appear on the ballot in that eligibility state.  Under my proposal, Electors are prohibited from violating their state’s ballot eligibility law.) (Other arguments have been raised questioning the Constitutionality of the NPVI. Id.)

4. IN STATES WHERE VOTERS HAVE ENACTED LAWS SPECIFICALLY MANDATING ONLY THE NAMES OF CANDIDATES ELIGIBLE FOR THE OFFICES THEY SEEK TO FILL MAY APPEAR ON THE BALLOT, THEY MUST DEFINE THE ELIGIBILITY REQUIREMENTS FOR CANDIDATES TO APPEAR ON THE BALLOT. That’s right, ballot eligibility. Because this is the only eligibility issue which is justiciable, or capable of being addressed by the courts.  Hopefully, everyone even marginally familiar with the numerous futile attempts to foist the issue of candidate eligibility for office on the judicial branch of government has learned this lesson by now.  It makes sense, therefore, the only legally cognizable interest the public can protect viz a viz enforcing existing laws with respect to candidate eligibility derives from laws passed in several states demanding that only candidates qualified for office are entitled to have the state print their names on the ballot.

4a.  IN STATES WHERE VOTERS HAVE ENACTED LAWS SPECIFICALLY MANDATING ONLY THE NAMES OF CANDIDATES ELIGIBLE FOR THE OFFICES THEY SEEK TO FILL MAY APPEAR ON THE BALLOT AND DEFINED THE ELIGIBILITY REQUIREMENTS FOR CANDIDATES TO APPEAR ON THE BALLOT, SUCH BALLOT ELIGIBILITY REQUIREMENTS CANNOT CONFLICT WITH THE ELIGIBILITY REQUIREMENTS FOR FEDERAL OFFICE WHICH ARE FOUND IN THE U.S. CONSTITUTION. This only makes sense.  Because otherwise, that is, by insisting states get to pass laws defining the eligibility for office; citizens would be attempting to ‘amend’ through state legislation (or regulation) the eligibility found in the Constitution  notwithstanding the only legal way to change the Constitution is through the process of Constitutional amendments prescribed in the Constitution! (And this legal truism has previously been discussed several times on the “jbjd” blog.  See, for example, CLOWNS to the LEFT of ME; JOKERS to the RIGHT (1 of 2) and (2 of 2); and JUDGE ABBOTT WOULD ORDER TDP CHAIR BOYD RICHIE TO DECLARE PRESIDENTIAL CANDIDATE BARACK OBAMA IS INELIGIBLE FOR THE JOB.)

On the other hand, states get to decide (for the most part) the rational ways to spend their finite resources.  Thus, they can decide to print on the ballot (and tabulate the votes for) only the names of those candidates eligible for office   And to keep off the ballot the names of any candidates who are not.  Anyone aggrieved at being kept off the ballot for failing to meet the state definition of eligibility, can sue.  Defining NBC in any way we want, in all 50 states and the District of Columbia, could likely result in a federal appellate court ruling that would establish a legally binding definition of NBC.

(Please note, anyone aggrieved that the definition of eligibility to appear on the ballot conflicts with the definition of eligibility found in the U.S. Constitution, resulting in the exclusion from the ballot a candidate presumed eligible, can file suit against the state in either state or federal court contesting such ballot exclusion.  Eventually, such case will be heard by a federal appeals court and, in this way, we could achieve a legally binding definition of the Constitutional terms of eligibility.)

Here are some prior Comments on the subject containing issues drafters should consider.

bob strauss:  Know what’s funny? When we set up eligibility panels in the states, we can define NBC any way we want. If the party wants to use our state ballots then, their candidate has to fulfill our definition of NBC. If they don’t like our definition, they can take us to court; or stay off our ballots. Because until the federal appeals court defines NBC then, one definition is as good as another. And we will do this by the next general election. But at a minimum, NBC certainly means, born in the U.S.A. ADMINISTRATOR

2009/09/23 at 19:42


Texas Voter:  Great questions.  I have addressed these issues tangentially throughout the blog, while not dedicating an entire article to the subject of vetting candidates for POTUS as to Constitutional eligibility for the job. In short, this discussion can be divided into 2 (two) categories: 1) the Constitutional qualifications for POTUS; and 2) qualifications to get on state ballots.

1) Does the Constitution set a floor or a ceiling on qualifications for POTUS? That is, can Congress pass a law requiring the Electors to vet as to, say, NBC status, where the Constitution does not compel this factor into their deliberations? If the document set a floor for qualifications then, we can expand on these. If it set a ceiling then, we cannot add to the requirements for deliberation.

2) Can states set whatever requirements they want to get on the ballot, notwithstanding requirements for the actual job are prescribed by the Constitution? That is, can states define ‘qualifications for POTUS’ to get on the ballot, such as, for example, saying, NBC means, born in the U.S. to 2 (two) citizen parents?

The good thing about having the states define NBC is that, we could envision, a party (person or political organization) thereby excluded from appearing on the ballot would file suit against the state for being wrongfully excluded from the political process. And through this process, we would achieve the federal court definition of NBC! ADMINISTRATOR

2010/02/18 at 16:49

5. NO MECHANISM INTENDED TO ESTABLISH ONLY ELIGIBLE CANDIDATES WILL BE ELECTED PRESIDENT WILL SUCCEED, WHICH RELIES ON CANDIDATE SELF-AUTHENTICATION. This has always seemed to me to be self-explanatory.

I refuse to focus on BO to establish HIS OWN eligibility. On FTS, the web site he started and for which he paid before becoming the D Corporation nominee for POTUS; he posted the COLB he said is an official document, which proves he is eligible for POTUS. ADMINISTRATOR

2010/01/05 at 20:33

In other words, stop asking Obama or anyone acting on his behalf but not in an official capacity; to get the man to produce anything! And do not under any circumstances accept as true, any document or facsimile any of these representatives not acting as the “issuing authority” introduces and claims is real! azgo has provided this anecdote with respect to producing an original birth certificate that illustrates why.

If a state law requires a B/C as documentation for ballot access, the state should require the candidate to request from the lawful authority of the candidate’s ‘place of birth’ state to issue that identification document and in that request, the document must be sent directly to the state official (SoS, state election official) and this would be similar to applying for a passport.

I went to apply for a passport in 1979 at the county office (so much younger and not so much money). I brought my hospital issued birth paper with my little footprint on it which my mom kept for so many years. The clerk said that’s no good and you have to use the one from the the department agency in the state where were born. I wanted a copy of my birth certificate so I said to the county clerk, “I want a copy of my B/C so can I get the B/C from my state and make a copy for myself (being thrifty) and then send it to the them (Office of Passport Services/Customer Service).” She said, ” No, you can’t, the certified B/C must go directly to them from the state agency where you were born who keeps those records, they won’t accept one from you”. (I thought to myself, ‘What! don’t they trust me?’) So I had to send off another request of my own to get a certified copy (that blew my budget.) In other words the federal government who issues passports requires the certified B/C copy to go directly to them from the state agency who keeps the B/C record.

So the states with eligibility laws requiring documentation should do the same by requiring the candidate to request a certified original B/C copy from the candidate’s place of birth state agency and send it directly to the SoS or state election official. The SoS and/or state election officials would and should respect the candidate applicant’s personal information and not release any copies of the certified B/C copy to the public but the state could require the document to be available for public viewing only at the office of the SoS (no copies made). This would preserve the integrity of a genuine birth identification document. (I think once that the act of making a copy of the an official certified original or short form B/C copy, then that copy instantly becomes a false identification document, no embossed state seal, no original signature, -“altered”. There are only two types of identification documents, “genuine” and “false”, http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01507.htm ) Then it would be up to the candidate to choose whether he wants the public to see it or not, …and that answer may conclude whether or not he wants to be able to achieve ballot access.

The SoS and/or state election officials should not accept a certified B/C copy, original or not, from the candidate or anyone else except from “lawful authority” as defined in U.S. Code 1028.

Even Harvard advises applicants to its Freshman class, “Please note that in order for your application to be considered complete, your official test scores must (sic) submitted directly to Harvard by the testing agency on your behalf.”

http://www.admissions.college.harvard.edu/apply/application_process/index.html

Finally, for those of you who would prefer to allow the political parties to authenticate the eligibility of their candidates, I recommend this additional caveat.

6. ANY MECHANISM INTENDED TO ESTABLISH ONLY THE NAMES OF ELIGIBLE CANDIDATES WILL APPEAR ON THE BALLOT, WHICH RELIES ON A POLITICAL PARTY TO AUTHENTICATE ITS CANDIDATES MUST INCLUDE CORRESPONDING LEGISLATION THAT TREATS PARTY OFFICIALS AS PUBLIC OFFICIALS WITH RESPECT TO MANDAMUS AND PUBLIC RECORDS LAWS. This points to the reason I emphasize TX is the state in which prosecution for election fraud viz a viz Certifying Barack Obama was eligible to appear on the 2008 ballot, could succeed.  TX requires candidate eligibility for office in order to appear on the ballot; as Chair of the Texas Democratic Party (“TDP”), Boyd Richie fulfilled a traditional state function when he determined candidate Barack Obama was eligible to appear on the ballot.  Under TX law, this makes Mr. Richie subject to both Mandamus and the Open Records Law.  See, for example, CLOWNS to the LEFT of ME; JOKERS to the RIGHT (1 of 2)CLOWNS to the LEFT of ME; JOKERS to the RIGHT (2 of 2)OPEN LETTER to GREG ABBOTT, ATTORNEY GENERAL of TEXAS , JUDGE ABBOTT WOULD ORDER TDP CHAIR BOYD RICHIE TO DECLARE PRESIDENTIAL CANDIDATE BARACK OBAMA IS INELIGIBLE FOR THE JOB, IDIOMS! …..

There.  Any questions?  Ask “jbjd.”

P.S.  I still maintain we can prevent future problems simply by remediating past problems, for example, focusing our collective attention and efforts on enforcing existing ballot eligibility laws.



If a state law requires a B/C as documentation for ballot access, the state should require the candidate to request from the lawful authority of the candidate’s ‘place of birth’ state to issue that identification document and in that request, the document must be sent directly to the state official (SoS, state election official) and this would be similar to applying for a passport.I went to apply for a passport in 1979 at the county office (so much younger and not so much money). I brought my hospital issued birth paper with my little footprint on it which my mom kept for so many years. The clerk said that’s no good and you have to use the one from the the department agency in the state where were born.  I wanted a copy of my birth certificate so I said to the county clerk, “I want a copy of my B/C so can I get the B/C from my state and make a copy for myself (being thrifty) and then send it to the them (Office of Passport Services/Customer Service).”  She said, ” No, you can’t, the certified B/C must go directly to them from the state agency where you were born who keeps those records, they won’t accept one from you”.  (I thought to myself, ‘What! don’t they trust me?’)  So I had to send off another request of my own to get a certified copy (that blew my budget.)  In other words the federal government who issues passports requires the certified B/C copy to go directly to them from the state agency who keeps the B/C record.So the states with eligibility laws requiring documentation should do the same by requiring the candidate to request a certified original B/C copy from the candidate’s place of birth state agency and send it directly to the SoS or state election official.  The SoS and/or state election officials would and should respect the candidate applicant’s personal information and not release any copies of the certified B/C copy to the public but the state could require the document to be available for public viewing only at the office of the SoS (no copies made).  This would preserve the integrity of a genuine birth identification document. (I think once that the act of making a copy of the an official certified original or short form B/C copy, then that copy instantly becomes a false identification document, no embossed state seal, no original signature, -“altered”.  There are only two types of identification documents, “genuine” and “false”, http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01507.htm )  Then it would be up to the candidate to choose whether he wants the public to see it or not, …and that answer may conclude whether or not he wants to be able to achieve ballot access. The SoS and/or state election officials should not accept a certified B/C copy, original or not, from the candidate or anyone else except from “lawful authority” as defined in U.S. Code 1028.

HOW ADOPTING the “NATIONAL POPULAR VOTE INITIATIVE” CAN STEAL an ELECTION ‘BY HOOK’ and ‘BY CROOK’

July 24, 2010

UPDATE 07.27.10: Matt Drudge posted this title in red on his blog:  Mass. legislature approves plan to bypass Electoral College…, which links to the story at http://www.boston.com/news/local/breaking_news/2010/07/mass_legislatur.html?p1=News_links

I posted a comment on Boston.com along with the link to this article posted on my blog.  Given Mr. Drudge’s prominent placement of the topic, he would likely enjoy reading this article, too.  Please send him the link, HOW ADOPTING the “NATIONAL POPULAR VOTE INITIATIVE” CAN STEAL an ELECTION ‘BY HOOK’ and ‘BY CROOK’ http://jbjd.wordpress.com/2010/07/24/npvi-by-hook-and-by-crook/ in the space provided at the bottom right-hand corner of his front page.

Thank you.

© 2010 jbjd

Two (2) years ago, even before the DNC Services Corporation held their August 2008 Presidential Nominating Convention, I began posting this warning throughout the blogosphere for the benefit of my fellow citizens who were raising concerns as to whether Barack Obama, Presidential Nominee wannabe of the Democratic Party, was Constitutionally qualified for the job:

The only way to prevent any candidate Constitutionally unqualified for office  from presiding over our Constitutional Republic is to keep his name off the general election ballot.

True, as I explained in NEVER LESS THAN a TREASON (1 of 2) and (2 of 2), technically, this made no sense.  First of all, while citizens in most states have designed their ballots so that the only names to appear for the top jobs are the Presidential and Vice Presidential nominees of the political party, in fact, we only elect Presidential Electors in the general election. (That’s why sometimes you will see me refer to that contest as the general (Electors) election.) And the Constitution permits these Electors to vote for anyone they want, even someone who lost the party nomination.  (This only makes sense since the Constitution is silent as to political parties.) (Sure, some states enacted laws saying, the Electors must vote for the nominee of the party but, as I pointed out previously, no ‘faithless’ Elector has ever been disciplined for breaking the law; and no vote of Electors has ever failed to receive Congressional Certification just because a state Elector violated an oath to vote for the nominee of the party.)  Nevertheless, I assured you, enacting and enforcing state election laws to keep Constitutionally ineligible candidates off November’s Presidential (Electors) ballot would prevent Electors from exercising their discretion to elect a Constitutionally unqualified candidate in December because as long as people mistakenly think they vote for President in the general election, Electors would never dare to vote for someone whose name had not appeared on that state’s ballot.

Scratch that.  Because now, they might have to.  That is, if John R. Koza’s National Popular Vote Initiative (“NPVI”) is adopted by the requisite number of states.  And proponents of the NPV are poised to pull off passage by enough states, before 2012.  Because most Americans remain clueless as to exactly how we elected our President in 2008.  Especially when it comes to the role of our Presidential Electors.  If this means you, do those of us who are concerned about maintaining the Constitutional integrity of our Republic a favor, and re-visit  http://www.archives.gov/federal-register/electoral-college/faq.html or,  review these 3 (three) short videos that will illuminate the role of the Electors as likely envisioned by the Drafters of the U.S. Constitution.) (Please keep in mind, none of these videos is a .gov production.)

(When you think you have the hang of Electors, see if you can wade through this great discussion on “The Green Papers” web site.  Specifically, this exchange reaffirms the seminal role of the Congress in validating any process prescribed by the several state legislatures with respect to Electors, inasmuch as Congress may or may not Certify the votes of all of the Electors based on a rejection of the vote of the Electors in any one state. http://www.thegreenpapers.com/Vox/?20031114-0)

All right, so what is the NPVI, anyway?

The National Popular Vote initiative is a lobbying campaign funded by John Koza, an engineering professor at Stanford University, that aims to make the Electoral College irrelevant without going through the arduous process of amending the Constitution.

States are asked to enact laws pledging their electoral votes to the winner of the national popular vote, no matter who wins the state. The pledge takes effect only when states holding at least 270 electoral votes — a decisive margin in the Electoral College — agree to participate. That would ensure that the winner of the popular vote would take the election.

http://online.wsj.com/article/SB123820597603563361.html

Like I said, in order to understand how the changes to the function of the Electors proposed by the NPVI will adversely affect the integrity of the Presidential election, you first need to understand the role of Electors in that election.

Okay, so the NPVI proposes some sort of legal compact among several states which will govern the conduct of their Electors in relation to the national popular vote.  Here is the text of that compact, posted on the website of National Popular Vote.com.

http://www.nationalpopularvote.com/pages/misc/888wordcompact.php

The literature is already filled with well crafted opposition.  For example, there’s the practical problem of recounts.

David Lublin, a professor of government at American University, raises yet another concern: Chaotic recounts. Precise vote tallies don’t matter much with the Electoral College; winning a state with 51% is as good as winning with 80%. But in a national popular vote, losing candidates might be tempted to go to the mat in state after state, demanding recounts or challenging how voting was run.

http://online.wsj.com/article/SB123820597603563361.htmlhttp://online.wsj.com/article/SB123820597603563361.html

Here’s a short clip entitled, “5 Reasons to Keep the Electoral College,” featuring UCLA Law Professor Daniel Lowenstein, in which he characterizes retaining Electors is valuable in that it “orients elections around the states” and reminds Americans “states are the component parts of our federal system.”

(Note:  This is part of a much longer exchange at the Commonwealth Club which I highly recommend watching for a great synopsis of all of the issues involved except for the ones I raise below).  There is an easy to access table of contents which divides the debate into shorter clips.  Panelists include Professor Lowenstein (against); Professor Koza, Stanford Engineering, Father of NPVI; and Professor Clyde Spillenger, UCLA Law, who speaks about the origins of the system of Electors.) http://fora.tv/2008/10/24/The_Electoral_College_and_National_Popular_Vote

I have several objections to implementing the changes proposed by this NPV compact.  Not surprisingly, most of these objections directly relate to the ongoing efforts on this blog to ‘out’ and redress the fraud that tainted the 2008 general election cycle; and to prevent this fraud from ever happening again.  See whether you share my objections.

(Note:  While you read, please keep in mind, this article was not intended to provide an exhaustive legal analysis of the pros and cons of the NPVI.  Rather, I wanted to register my opposition to this legislation and to present reasoned arguments that support this opposition with the hope not only that you would agree with my opinions but also that, agreeing with my opinions, you would take the steps necessary to impede or, in some cases, to reverse the passage of this legislation in your state.) (Plus, I want to get on the record the one objection that hasn’t appeared (yet) in the literature I have thus far reviewed.)

Here are some of the reasons I oppose the NPVI.

1.  We are a union of individual states, and not of individuals. Therefore, I object to the NPVI’s implicit use of this pretense that we are a Democracy and not a Constitutional Republic in its advocacy campaign.

The genius inherent in the system of Electors as it was originally conceived is that it provides a means by which individual states, notwithstanding their geographic size or population, achieve relatively equal per unit weight to each other, in choosing the head of the Executive branch of the federal government.  Sure, dividing the population of a less populous state versus a more populous state so as to determine how many people it takes to equal one Elector, shows that less citizens are required per Elector in those smaller states; but   on the other hand, larger states have more Electors!

2.  Compelling states to adopt the vote tallies that resulted from the use of voting systems they have previously rejected violates the principles of the full faith and credit clause of the Constitution. http://topics.law.cornell.edu/constitution/articleiv Therefore, I object to any law that could compel any one state to adopt the flawed voting apparatus of another state.

For example, suppose states enter into this NPV compact.  Then, after extensive and expensive investigation, these states become convinced that electronic voting machines produce inaccurate results and, endeavoring to protect the integrity of the votes of their citizens, adopt a 100% paper ballot vote.  Other more populous states in the compact vote using these rejected machines.  Under the ‘opt out’ clause* in the compact, states would be compelled to defer to the voting protocol they had previously rejected.  Effectively, this imposes national standards on the traditional state function of carrying out elections.

*Any member state may withdraw from this agreement, except that a withdrawal occurring six months or less before the end of a President’s term shall not become effective until a President or Vice President shall have been qualified to serve the next term. Id.

3.  Compelling states to adopt the vote tallies for a particular candidate whose name was omitted from their ballots for failure to establish qualification for office according to the laws enacted in those states; violates the principles of the full faith and credit clause of the Constitution. Id. Therefore, I object to any law that could compel any one state to adopt the eligibility neutral ballots of another state.

CA and NY have no ballot eligibility requirement.  AL, GA, HI, MD, MO, SC, and VA do.  Assuming these 2 (two) large states vote overwhelmingly for one candidate cut from the ballots of those other 7 (seven) states, at least theoretically, Electors in those 7 (seven) states could be compelled to vote for a President who election officials in those states found unqualified to appear on the ballot.  Again, this sounds more like a national election, imposing national standards on the state function of carrying out elections.  (This same result could occur where states have similar ballot eligibility laws but different levels of enforcement.)  (Note:  The opt out clause necessarily quashes those existing laws which entitle citizens in certain states to challenge the ballot eligibility of the nominee of the party, chosen at a summer nominating convention that is within the 6-month bar to state withdrawal from the compact.) Id.

BUT MY MAIN OBJECTION TO ADOPTING THE NPVI IS THIS:  IT WILL BLOCK STATES FROM ENACTING LAWS THAT WOULD REQUIRE ELECTORS TO CAST THEIR VOTES FOR PRESIDENT ONLY FOR THOSE CANDIDATES THEY HAVE ASCERTAINED ARE CONSTITUTIONALLY QUALIFIED FOR OFFICE, AND THE VIOLATION OF WHICH LAWS WILL BE MET WITH STEEP CRIMINAL SANCTIONS. As we here at “jbjd” have learned from experience, such laws respecting the conduct of Electors are necessary to prevent a repeat of events of the 2008 election in which Electors for the Democratic State Parties elected as President a man no documentary evidence available in the public record had established was even a citizen, let alone natural born.

Right now, no state has enacted a law requiring Electors to vote only for a President who is Constitutionally qualified for the job.  But look at how many states enacted laws before the 2008 election, requiring Electors in those states – remember, Electors are party faithfuls including big money contributors chosen by the party – to vote for the party nominee as a matter of law.  http://www.thegreenpapers.com/G00/Electors.html Ha, even states like AL, HI, and MD, which require candidate eligibility to get on the ballot, throw Presidential eligibility to the wind when it comes to the  fealty of their Electors to the political party!  Id. (Recall that none of these states requiring ballot eligibility has a corresponding law requiring any public official to check.) Even in SC, where the ballot eligibility law requires specific eligibility language to accompany the candidate’s ballot registration; when it comes to the law of Electors, they only have to promise to vote for the party.  And what if an Elector violates that oath?  Criminal prosecution! Id.

So who is John Koza and why is he determined to fundamentally alter the Constitutional role of Presidential Electors without bothering to amend the Constitution?   (In a 2006 NYT article entitled “Innovator Devises Way Around Electoral College,” Rick Lyman described Mr. Koza’s efforts as “an end run on the Constitution.”  Mr. Koza replied, “When people complain that it’s an end run, I just tell them, ‘Hey, an end run is a legal play in football.’ ’’)

John R. Koza received his Ph.D. in Computer Science from the University of Michigan in 1972.  He was co-founder, Chairman, and CEO of Scientific Games Inc. from 1973 through 1987.  He is the holder of 25 patents in fields ranging from genetic programming to video games, and a venture capitalist. http://money.cnn.com/magazines/fortune/fortune_archive/2008/07/21/105711245/?postversion=2008072111 He founded NPVI in 2005.  Id.

He is also a long-time fairy godfather to both the DNC Services Corporation and various committees organized under the D Corporation banner, as well as individual Democratic candidates and their PAC’s (Political Action Committees).  Spend a minute or two perusing FEC records for the hundreds of thousands of dollars he has bestowed to the D’s over the years.    (Click on this link and in the name search field, fill in (Last) Koza (First) John R. http://www.fec.gov/finance/disclosure/norindsea.shtml Mr. Koza also served as a Democratic Elector in CA in 1992 and 2000.  http://articles.sfgate.com/2006-07-24/news/17301996_1_electoral-college-electoral-votes-popular-vote

And where did Dr. Koza get all of this money to fund his pet projects?   Well, as the head of Scientific Games, he co-invented the rub-off instant lottery ticket used by state lotteries. http://www.stanford.edu/class/ee380/Abstracts/041124.html That’s right; he invented the scratch ticket.  And as the NYT article points out, “Working with state lotteries as chief executive of Scientific Games in Atlanta, he had learned how interstate compacts work. Multistate lotteries like Powerball are based on such compacts.”  Id.

In sum, for the past 2 (two) years, we here at “jbjd,” operating on a ‘wing and a prayer,’ have been meticulously de-constructing and documenting the fraud that tainted the 2008 election cycle throughout the states in order that having identified and published this fraud, citizens could work with state and federal officials not only to redress that fraud but also to shore up legislation and enforcement mechanisms, efforts which could effectively prevent such fraud from occurring again.  On the other hand, since 2006, John Koza, using the windfall he received from inventing the lottery scratch ticket, has been selling his pet project, NPVI, to state legislatures throughout the country, promoting this system that not only fails to address these past problems with the electoral process which we have identified but also effectively ensures, these problems likely will never be exposed or remedied, again.

(Thankfully, Professor Lowenstein has identified what I agree is a fatal Constitutional flaw in the NPV plan, which certainly would forestall implementation of such a plan at least until after the 2012 elections.  Phew!  Id.)

With all this in mind, here is my new mantra about maintaining the President’s Constitutional qualifications for office throughout the electoral process:

If the requisite number of states pass the National Popular Vote law before the 2012 Presidential election; even keeping the name of an unqualified candidate off the ballot no longer guarantees he will not get the job, unless the courts forestall implementation.


OUT OF THE MOUTHS OF BABES

January 6, 2010

UPDATED 04.17.10: In the cite linked to President Washington’s papers (below), the date of his swearing in is correctly given as April 1789.  I incorrectly wrote he was sworn in, in March. (Here is another historical reference to that event.  http://memory.loc.gov/ammem/pihtml/pinotable.html )

UPDATED 01.06.10: In a parenthetical comment below, I mistakenly said the first selection of Presidential Electors occurred in November 1788. However, the states first Appointed Electors in January 1789; and these Electors voted for George Washington for President in February. I correctly stated, Mr. Washington was inaugurated in March. http://gwpapers.virginia.edu/documents/presidential/electoral.html
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Students attending this inner city high school not only are racially and ethnically diverse but also hail from several other native countries. For the most part, the students supported the Presidential candidacy of Barack Obama. Some of them even met the future Commander in Chief when he came to town during the primary campaign, their encounters captured forever in photographs proudly displayed in the lobby of the building. Pictures of Michelle appear there, too, under a banner proclaiming her, “Our Queen.”

At the last minute, I was asked to teach American History to 3 (three) classes of 9th graders deep in this heart of Obama territory.

Freshmen are a separate breed. Cocky and in your face, they virtually dare you to successfully re-direct their terrific energy to academic pursuit. But nothing equals the thrill of watching them learn, once you get their attention.

Here is how I got their attention.

I wrote my name on the board, billing myself as a “Guest Lecturer.” This was the provocative title for my presentation: “You Will Never Vote for President of the United States.”

The reaction from my students was boisterous and anticipated. ‘Oh yeah? I’m gonna vote for President as soon as I turn 18.’ And, ‘I thought you were allowed to vote for President as long as you were a citizen!’ I calmed the crowd by repeating the history lesson I was sure they had already been taught but forgot: the President of the United States is not elected directly by the people but by the Electors. In the general election on the next Tuesday after the first Monday in November, voters only select these Electors; but Appointed Electors don’t vote for President until the 15th of December, the dates set for these events in the Constitution.

For approximately the next 45 minutes, I walked my students through the election process spelled out by the Drafters of our Constitution and re-printed in their history books, barely recognizable as it was carried out in the 2008 general election.

‘What are the 3 Constitutional qualifications to be POTUS?’ The students proudly listed all three without prompting. 1) You have to be 35 years old. 2) You have to live in the United States for 14 years. 3) You have to be a Natural Born Citizen. I wrote these on the board. (I went into a side discussion about that 14-year requirement – I have discussed this issue previously on this blog, as well as other blogs – reasoning, the Drafters wanted to ensure that as much as possible, the President, also fulfilling the role of Commander in Chief, was completely intertwined with being American, attached to both her ideals and to the country. They envisioned such loyalty could only derive from being immersed for a fixed time in the American experience. So, why 14 years? Well, the first Continental Congress convened in 1774, establishing the first time (representatives from) the original 13 (thirteen) colonies came together to ponder mutual concerns viz a viz the British, thus evidencing their psychological mindset as a unified ‘nation.’ (One year later, the “shot heard round the world” was fired between British troops and American rebels at Lexington Green, MA, in 1775; and the Declaration of Independence was written in Philadelphia, PA in 1776.) The drafting of the Constitution occurred in 1787 and, allowing for ratification by the requisite 9 (nine) states, the Drafters anticipated Electors would, for the first time, vote for President in November 1788. (The swearing-in would take place in March of 1789.) Thus, 14 (fourteen) years had passed between the time the mindset of ‘being American’ first coalesced, and election of the first President (1788 minus 1774).)

I charted the modern process of electing the President through the intervention of political parties, stressing the fact political parties are not mentioned in the Constitution. I described the mission of the party is to get the name of the person they want fronting for the party or, club, printed onto state general election ballots, an indispensible step to getting the public to forget, they are not voting for the candidate but for the Electors in the general election. Because only the name of the nominee of the political party appears on the ballot next to the party designation. This means, casting a vote for the ‘person’ whose name appears on the ballot next to the D or the R is more correctly characterized as voting for the Electors for that person.

So, who are these Electors we vote for who go on to elect our President? Well, generally speaking, they are chosen by the political party based on their demonstrated loyalty to the party, as evidenced in terms of hours spent supporting party activities such as hosting fundraisers for party backed candidates; or providing financial support to the party. The names of these Elector candidates are then submitted to state election officials by each political party. The number of Electors each party gets to submit is based on the number of Congressional districts in that state, plus 2 more for the number of US Senators. And in states like CA, in the 2008 election, this meant, 55 names. Obviously, printing the names on the ballot all of the candidates for Presidential Elector put forward by the parties is prohibitive. So, in each state, only the name of the party nominee is printed on the ballot, and not the names of the party Electors. (I pointed out; each state enacts the election laws prescribing what names may be printed on its ballots.)

How is the party’s Presidential nominee chosen? Usually, s/he is selected according to the results of party contests called primaries and caucuses held in each state to elect delegates who will vote at the party convention; and, finally, the party convention. Summing up the results for the D candidates for POTUS in the 2008 Presidential preference primaries and caucuses, I reported, on June 3, 2008 when all of the primaries and caucuses were over, Senator Hillary Clinton and Senator Barack Obama had failed to reach the requisite number of pledged delegates set by the Democratic National Committee Services Corporation – DNC for short – to guarantee the nomination for their club – of course I inform them, she won more popular votes AND pledged delegates as the result of primary and caucus votes cast directly for her – so the rules called for the difference to be made up at the floor roll call at the Convention held in Denver, CO, in August 2008, by votes cast by party ‘elders’ called Superdelegates, who could vote for anyone they wanted. But for some reason, the Corporation backed Barack Obama well in advance of the Convention, even foregoing the traditional floor vote at the Convention in order to make his nomination a fait accompli. I repeated several times, the DNC Services Corporation is not a government agency but more like a private club, which means, they can make or break their own rules with impunity.

Once the DNC selected Barack Obama as their candidate for President, they had to get state election officials to print his name next to the D on the general election ballot. The DNC (and, in some states, the Chair of the state D party) submitted these Certifications of Nomination to election officials in each state swearing Barack Obama was the duly nominated DNC candidate for President and was Constitutionally qualified for the job.

I pointed out that, the Constitution says Electors will be appointed by the Governors of the states. I reconciled how electing Electors through a popular vote in the general election ends up in an Appointment. That is, the final vote tallies in the general election (for Electors for the candidate whose name appears on the ballot) are Certified by the Governors, who send Certificates of Ascertainment listing the names of the Electors (previously submitted to state election officials by the political parties) and the number of votes cast for them, as well as for the losing candidates for Elector, to the National Archivist, effectively making that Certification of popular votes cast for Electors in the general election, the Constitutional act of Appointment.

More D than R Electors were elected and, therefore, Appointed in the November 2008 general election. And all of the D Electors who voted in December 2008 cast their votes for Barack Obama, the nominee for President of the D party. But this was hardly surprising. Because the only way they got to be Electors for the party in the first place was by promising the party, if Appointed, they would cast their votes for the party nominee. However, I emphasized that nothing in the Constitution requires Electors to vote for the nominee of the political party, which only made sense since, as I said, the Drafters never mentioned political parties in the Constitution.

Congress ratified the vote of the Electors in January and the Chief Justice of the Supreme Court swore in Barack Obama as President of the United States days after that. All prescribed precisely by the Constitution.

At this point, the students think the lecture is done. But I am just getting to the best part.

‘Wait a minute,’ I challenged, looking back at the board. ‘At the beginning of this lecture, we listed these 3 qualifications for President spelled out in the Constitution, right? You have to be 35 years of age; you have to live in the U.S. for 14 years; and you have to be a NBC.’ Yes. ‘Well, throughout this whole election process we just described, when did we mention that anyone vetted the candidates for President to ensure they satisfied this Constitutional eligibility for the job?’ Silence.

Now, I taught the class, no provision found in any law, state or federal; or in the Constitution requires any state official to determine whether the candidate for President is Constitutionally eligible for the job. None. The Constitution says, the Electors have to elect the President but remains silent as to vetting for Constitutional qualifications. The Constitution requires Congress to ratify the Electors’ vote for President but says nothing about verifying beforehand that the the person they elect is Constitutionally qualified for the job. The Chief Justice of the Supreme Court swears the President into office, under no Constitutional obligation to determine beforehand whether s/he was qualified for office.

And that led me to the states that require in order to get the candidate’s name printed on the ballot; s/he must be eligible for the job.

I described that some states enacted election laws that only allow the names of eligible candidates to be printed on state election ballots. And some of these states, like HI and SC, enacted laws saying the party must swear, in writing, their nominee for President meets all Constitutional qualifications for the job. (I point out; requiring this statement from the party is kind of superfluous because, according to the operating rules of the DNC Services Corporation, the Presidential nominee of the party must be Constitutionally qualified for the job. Then again, given their exhibited propensity to break their own rules…) I also reiterated, while the law says the candidate has to be eligible for the job to appear on the ballot, no corresponding law requires any government official to check.

The students were aware that Representative Nancy Pelosi (D-California) was Speaker of the U.S. House of Representatives; several knew the position of Speaker is 3rd in line of Presidential succession. They were unaware that in 2008, the DNC Services Corporation gave Ms. Pelosi the civilian job of Chair of the 2008 DNC Convention. Acting in the non-governmental role of Chair, her chief responsibility was to sign those official DNC Certifications of Nomination swearing Barack Obama was Constitutionally qualified for the job of President of the United States, and send these sworn Certifications to state election officials to print the name of Barack Obama next to the D on their general election ballots.

I reported that questions had arisen during the primary campaign as to whether Barack Obama was a Natural Born Citizen. Students were aware of the controversy. I informed them that several people had even concluded, the documentation available in the public record failed to establish that he is a U.S Citizen, let alone that he was Natural Born. Yet, Ms. Pelosi signed those Certifications of Nomination and sent these to state election officials to get them to print his name on the general election ballot.

‘Some of us wondered; given this controversy about the circumstances of Mr. Obama’s birth, on what documentary basis did Ms. Pelosi ascertain he was a Natural Born Citizen before swearing he was Constitutionally eligible for the job? So, we wrote to Ms. Pelosi and asked her. I even arranged to have one of these letters hand-delivered to her office in Washington. Know what she said?’ Every pair of eyes was now on me. ‘Actually, she didn’t say anything. She ignored us.’ A knowing sound of ‘ooooo’ filled the room. ‘What do you think that means?’ The students smiled. ‘That means, she’s busted; she didn’t check whether he is a Natural Born Citizen before she swore he was.’

I shrugged my shoulders. ’Could be. But people wanted to know for sure. So, now they wrote to Alice Germond, the Secretary to the DNC Services Corporation, who had co-signed those Certifications. Again, they asked on what documentary basis she had determined Barack Obama is a Natural Born Citizen before sending those Certifications of Nomination swearing he was, to state election officials to get his name printed on the ballot. But this time they asserted the right to view whatever documentation the party used, under what’s called the Freedom of Information Act (“FOIA”), the federal law that gives the public the right to see the documents our government has on file.’

‘Did she answer the question?’ ‘No; but she didn’t ignore the voters, either. Ms. Germond forwarded the letters addressed to her, to the General Counsel or, lawyer for the DNC Services Corporation, Joseph Sandler. And he did write back.’ The kids were at the edge of their seats. ‘What did he say!’ ‘Well, he explained that the DNC is not a government agency but rather a private club and, as such, is not subject to state or federal document disclosure laws. He advised people to direct their questions about the qualifications of candidates whose names appear on the ballot, to their state election officials. And he still didn’t answer the question.’ Now, a loud gasp rose up around the room. ‘What do you think that means?’ Without missing a beat, they blurted out, ‘That means they did check whether Barack Obama is a Natural Born Citizen; and he’s not!’

This illustrates another reason I love teaching 9th graders: they are not yet sophisticated enough to abandon their common sense.


NEVER LESS THAN A TREASON (2 of 2)

August 28, 2009

© 2009 jbjd

(UPDATED:  08.31.10: The link to the 2007 DNC notice that Chairman Dean appointed Nancy Pelosi to Chair the 2008 DNC Services Corporation Presidential Nominating Convention has been scrubbed.  Instead, I substituted the announcement of her appointment which appeared in the Denver Post.)

So, to continue, who is responsible for enabling BO to occupy the office of POTUS notwithstanding no evidence that was proffered could prove he is Constitutionally eligible for the job?  Here’s a list of the people eliminated thus far, in the order in which they were eliminated.  (Note:  After digesting the first half of this article, http://jbjd.wordpress.com/2009/08/25/never-less-than-a-treason-1-of-2/, a few readers objected to the scope of my exoneration. That is, they thought I was too generous in letting people off the hook.  Let me reassure everyone, I had already factored into consideration all of their stated objections.  Hopefully, these excerpts from my replies will allay any other concerns.)

1.  Barack Obama

Let me remind you, i) he did not force anyone to vote for him in the general election. ii) He never Certified to state elections officials he was the Official Nominee for POTUS of the DNC and met all Constitutional requirements of the job, to get them to print his name on the general election ballot. iii) Three months before he obtained the D nomination, he took out an ad on the internet called “Fight the Smears” – he spelled out quite plainly, this ad was “Paid for by Barack Obama” – proclaiming for everyone to see, he was only a “native citizen,” thus ‘outing’ himself as being Constitutionally ineligible for the job.

2.  Congress

This includes VP Cheney, acting in his role as President of the Senate.  Even assuming upon asking for a vote on Ratification, he failed to extend to the members an opportunity discernible to us, to register their objections, if any, to the EC process; any one of these 500+ legislators could have raised a “Point of Order” at any time, to get an objection heard.  As I said previously, Congress is off the hook because the Constitution does not require that they investigate whether the person who obtained the requisite votes for POTUS from members of the EC, is Constitutionally eligible for the job.

3. The Electoral College

For as long as general elections have provided the mechanism to appoint the state Electors; even in those states that require the Elector to vote for the nominee of the national party, no faithless Elector has ever faced legal retribution.  The reason I left the EC off the hook is simple:  the Constitution does not require the EC must determine whether the nominee of their political party is Constitutionally eligible to be POTUS even if they decided to elect him for the job.http://www.archives.gov/federal-register/electoral-college/

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We have reached the point where the responsibility for electing an ineligible POTUS must be found somewhere in a process directly related to his nomination.  But before we ferret out the source of that responsibility, memorize this fact:  The raison d’etre for awarding BO the national D party nomination  was to get elections officials in all 50 states and the District of Columbia to print his name next to the D on the general election ballot notwithstanding getting his name on the ballot would have nothing to do with his winning the election.

In July of 2007, Howard Dean, then Chair of the DNC, appointed  Nancy Pelosi, Speaker of the U.S. House of Representatives, Chair the 2008 DNC Convention.   This put her in charge of the nomination.   http://www.denverpost.com/dnc/ci_6283384

Now, what do you think it means to “win” the “election”?  Remember, voters who went to the polls on November 4, only cast votes to appoint the (slate of) Electors who would then cast votes for President on December 15.  The person who gets the most votes at that time, wins the election.  And there is no provision in the Constitution, or any Federal law that requires Electors to vote for the person whose name, attached to theirs, received the most popular votes in the general election. In fact, the only Constitutional significance to receiving the most votes cast in a general election is this.  The names of the winning slate of electors thus appointed by the voters, once their appointment by means of this general election is Certified by the Governor of the state in a Certificate of Ascertainment, are then sent to the Archivist of the United States at the Office of the Federal Register, as directed by the Constitution.

Winning” the election simply means, receiving the most votes from the appointed Electors voting in the Electoral College. (Even if a ‘candidate’ concedes the race after November’s  general election, this has no bearing on whether the Electors can elect that loser  on December 15.)

So, why did the EC cast their votes for BO on December 15?  Neither federal law nor any provision of the Constitution says they had to vote for the person who holds the party nomination.  NONE.  Oh, sure, some states have enacted laws that require the Electors to vote for the party nominee.  However, as I previously pointed out, even in those states that have enacted laws requiring Electors to vote for the nominee of the party, no faithless Elector has even been sanctioned for disobeying that law. In fact, the party demands that its Electors swear an oath to support the nominee, before the party informs the state to print his or her name onto the general election ballot.  In other words, those Electors listed on the general election ballot as “for Barack Obama” are really for Barack Obama.  And, ultimately, that’s the reason these D Electors – the party activists, the movers and shakers, the fund raisers  who are chosen as party Electors – cast their votes for him.  Because they said they would. In fact, that’s the only reason they got to be Electors in the first place.

There.  We have established there is no correlation between the votes cast for BO by the Electors in the Electoral College; and the appearance of his name on the general election ballot.

Now, let’s examine the flip side of this process, that is, the primary/caucus campaign that led up to BO’s nomination at the DNC Convention to determine what correlation, if any, there is between the results of that process and his eventual nomination.

First, understand, the way the nomination is supposed to work.  Whichever candidate wins the most delegates from votes cast in the Democratic primary/caucus process will win the party’s nomination at the national Convention.  Well, sort of.  The candidate wins ONLY IF the number of those delegates reaches the threshold required by the party.  If not then, the nominee is chosen based on BOTH the number of votes cast by his or her delegates  on the call of the roll on the floor of the Convention PLUS the number of votes of what are called the “super delegates.”

So, who are these ‘super’ delegates?  Well, they are high profile members of the party, including federal legislators, chosen in advance by members of the DNC.  (Here is a pretty good history of SD’s; ignore the part of the article that refers to whether “pledged” delegates are actually “pledged.” The authors, one a Democratic strategist and the other, an attorney, obviously never heard of vote binding states.)  http://www.npr.org/templates/story/story.php?storyId=18908855

Take a look at how Ms. Pelosi tried to steer the votes of those Democratically appointed SD’s.  On March 16, when BO had just come off his lopsided caucus ‘wins,’ http://politics.nytimes.com/election-guide/2008/results/delegates/ she told Politico the SD’s “should reflect the will of the voters.”  http://www.politico.com/news/stories/0308/9063.html (She never specified whether she meant, the will of the voters as expressed by the final delegate count in their districts; or by the total delegate count; or by the overall popular vote.)  But bombarded by cries of ‘foul’ at appearing to take sides in the battle for the nomination, by April 1, Ms. Pelosi had changed her mind.  Now she decided, these SD’s had the “right to vote their conscience.” http://tpmelectioncentral.talkingpointsmemo.com/2008/04/pelosi_superdelegates_can_vote.php And it’s a good thing she did.  Because according to the DNC Call, which contains the rules that governed the 2008 Convention she Chaired, even delegates “pledged” to their candidates as the result of votes cast in the primary/caucus election are not actually ‘pledged’ but only, “shall in all good conscience reflect the sentiments of those who elected them.”  http://s3.amazonaws.com/apache.3cdn.net/c313170ef991f2ce12_iqm6iyofq.pdf (It’s about time they added a line reminding pledged delegates from vote binding states, “If you are from one of the 13 vote binding states then, in your state, voting for someone other than the candidate you pledged to the voters you would represent, is against the law.”)

Okay, back to the scenario facing both BO and HRC at the start of the Convention.  Recall that, neither of them had a sufficient number of delegates pledged to win the nomination at the time they entered the Convention.  So, whoever won more total delegate votes, combining both pledged and super, as the result of the floor vote than the opposition, would be the party nominee.  At least, this has been the tradition within the Democratic Party for as long as I can remember.  But not this time.  Nope; this time, BO was somehow able to take the nomination even though there was never a roll call vote on the floor! How do you suppose that happened?  Of course, without this vote, we can never know what would have been the actual count of delegate votes for either candidate. Furthermore, without a record, we will never know whether pledged delegates from the 13 (thirteen) vote binding states lived up to their obligation to vote for the candidate the voters from back home elected them to support at the Convention.

In fact, nothing in the record BEFORE the Convention indicated that in a full open vote at the Convention, his nomination rather than hers, was a foregone conclusion.  Not a thing.

For example, HRC won the popular vote.  (Did you already know that?) http://www.realclearpolitics.com/epolls/2008/president/democratic_vote_count.html (Not at all surprising, since even on election day, polls taken of people who had just cast their votes showed she would have beaten John McCain by 11 percentage points, as opposed to BO’s 7.) http://www.cbsnews.com/blogs/2008/11/12/politics/horserace/entry4596620.shtml Plus, even with all of the documented caucus fraud and the DNC Rules and Bylaws Committee bait and switch with MI votes; best guesses, BO still only managed to ‘find’ less than 35 more pledged delegates as the result of votes cast for him, than for her. http://wewillnotbesilenced2008.com/video/index.htm; http://www.realclearpolitics.com/epolls/2008/president/democratic_delegate_count.html. (A federal court ruling in TX has allowed a lawsuit to proceed based on the under-allocation of delegates in heavily Hispanic districts, which could signal the beginning of the end to the D’s ‘complicated’ delegate allocation process in that state.)  http://www.star-telegram.com/texas/story/1558681.html

Okay.  We previously established there is no correlation between the votes cast for BO by the Electors in the Electoral College; and the appearance of his name on the general election ballot. And we have just established there is NO correlation between winning the Democratic primary contest and garnering the Democratic nomination. Then why do you suppose Chairwoman Pelosi imposed measures that were guaranteed to gag the ‘fair reflection’ of the millions of voters who had dispatched delegates to the Convention, in order to guarantee BO the nomination?  Repeat after me:  The raison d’etre for awarding BO the national D party nomination  was to get elections officials in all 50 states and the District of Columbia to print his name next to the D on the general election ballot. And, according to state elections laws, only the candidate duly nominated by the national D party at the party Convention, as Certified to by the party, is entitled to have his or her name printed on state ballots for the general election.  But didn’t we just say, the actual election occurs within the EC, and not at the general election?  Then, why were Nancy Pelosi (and Howard Dean and Harry Reid) determined to get BO’s name on the ballot in the general election?  Because they could never have gotten away with stealing the election at the point of the EC vote, when most people think they are actually casting their votes for President in the general election.

As we’ve already said, in order to get the state to print the name of the nominee for POTUS from the major political party, onto the state’s general election ballot; appropriate party officials must Certify to state elections officials, the name of the nominee of the party.  But in some states, for example, TX and GA, just Certifying the name of the candidate is not enough to get his or name printed onto the ballot.  The law in those states says to get onto the ballot, the party nominee must also satisfy all of the qualifications of the job.  But, even in those states that mandate the nominee must be eligible, there’s no law that says, the party must Certify the nominee’s qualifications.  Of course, since DNC rules require the nominee must be eligible under the Constitution, http://s3.amazonaws.com/apache.3cdn.net/3e5b3bfa1c1718d07f_6rm6bhyc4.pdf (p.14, K.1 and 2), Certifying BO is the nominee is tantamount to verifying, he is Constitutionally eligible for the job.  Anyway, there’s no law in any state that says any state official has to check.

However, 1 (one) state in the union enacted a law that specifically says, the party must Certify the nominee for POTUS is eligible for the job:  HI.*

*(Correction:  After I posted this article, I learned that SC law also requires specific wording of eligibility to accompany the submission of candidate names that will appear on the ballot.  See http://jbjd.wordpress.com/2009/10/02/up-to-here-in-fraud-from-the-chair-of-the-2008-convention-to-the-chair-of-the-dnc/)

So, in her civilian role as Chair of the 2008 DNC Convention, Nancy Pelosi, possessing all of the gravitas of the Speaker of the U.S. House of Representatives signed the DNC’s Official Certification of Nomination relied upon by state elections officials to print the name of Barack Obama on the state general election ballots.  And on the Certification issued to the state of HI, Ms. Pelosi added this line:  he is “legally qualified to serve under the provisions of the United States Constitution.”  http://jbjd.wordpress.com/2009/08/13/if-drowning-out-opposing-facts-is-un-american-then-ignoring-unpleasant-facts-must-be-un-american-too/

But as we now know, there is no evidence she determined beforehand whether he was Constitutionally eligible for the job.  http://jbjd.wordpress.com/2009/08/09/rumors-lies-and-unsubstantiated-facts/; http://jbjd.wordpress.com/2009/08/13/if-drowning-out-opposing-facts-is-un-american-then-ignoring-unpleasant-facts-must-be-un-american-too/

Which leads us to the final question:  In July of 2007, why do you suppose Howard Dean picked Nancy Pelosi, Speaker of the U.S. House of Representatives, 3rd in the line of Presidential succession, to Chair the 2008 DNC Convention?  Answer:  Perhaps to guarantee no matter the success achieved by other candidates seeking the D nomination, BO would still win the 2008 election. http://www.law.cornell.edu/uscode/3/usc_sec_03_00000019—-000-.html

(Editorial Assistance Provided by d2i)


NEVER LESS THAN a TREASON (1 of 2)

August 25, 2009

© 2009 jbjd

The title of this post is inspired by a line in the last stanza from one of my favorite poems, Reluctance,  by my favorite poet, Robert Frost.

Ah, when to the heart of man
Was it ever less than a treason
To go with the drift of things,
To yield with a grace to reason,
And bow and accept the end
Of a love or a season?

I have always found giving up without a fight to be treasonous, especially when I am certain I am right.  And I am certainly right about Barack Obama.  That is, people within  the DNC selected him to become POTUS notwithstanding the evidence indicates he is Constitutionally ineligible for the job.  Specifically, he is not a NBC.  Indefatigable, I have assembled this primer which, hopefully, will end the interminable farce over how best to address his Constitutional eligibility.    I name the names of those people responsible for depositing him in the Oval Office, and define the precise scope of their culpability, in anticipation that efforts to rectify this election anomaly will now be focused squarely on them.   Keep in mind that, by identifying the people with direct culpability, I am by definition ruling out everyone else.   For starters, this blameless faction includes Barack Obama.  Because even assuming he is not a NBC, without these others, he could never have gotten the job.

Recognizing the real culprits in this drama requires an understanding of the process for electing the POTUS, as spelled out in the Constitution.   Fortunately, our tax dollars paid for an enterprise that will contribute to such an understanding.  The Congressional Research Service of the Library of Congress published an excellent report entitled, “The Electoral College: How It Works,” which contains this concise summary on the Presidential election process.  Please, master this passage before you proceed.  (All emphasis to the original is mine.)  (jbjd note (08.05.10):  Subsequent to writing this article, I decided to stop referring to Electors using the word “College,”  as this term does not appear in the Constitution.)

When Americans vote for a President and Vice President, they actually vote for presidential electors, known collectively as the electoral college. It is these electors, chosen by the people, who elect the chief executive. The Constitution assigns each state a number of electors equal to the combined total of its Senate and House of Representatives delegations; at present, the number of electors per state ranges from three to 55, for a total of 538. Anyone may serve as an elector, except for Members of Congress, and persons holding offices of “Trust or Profit” under the Constitution. In each presidential election year, a group (ticket or slate) of candidates for elector is nominated by political parties and other groups in each state, usually at a state party convention, or by the party state committee. It is these elector-candidates, rather than the presidential and vice presidential nominees, for whom the people vote in the election held on Tuesday after the first Monday in November (jbjd note:  date omitted). In most states, voters cast a single vote for the slate of electors pledged to the party presidential and vice presidential candidates of their choice. The slate winning the most popular votes is elected; this is known as the winner-take-all, or general ticket, system. Maine and Nebraska use the district system, under which two electors are chosen on a statewide, at-large basis, and one is elected in each congressional district. Electors assemble in their respective states on Monday after the second Wednesday in December (jbjd note:  date omitted). They are pledged and expected, but not required, to vote for the candidates they represent. (jbjd note (08.05.10):  Some states have enacted laws that  require Electors to support the nominee of the party; but no faithless Elector has ever been prosecuted for violating this oath, and Congress has never failed to ratify the vote of the Electors even when this includes the votes of these faithless Electors.) Separate ballots are cast for President and Vice President, after which the electoral college ceases to exist for another four years. The electoral vote results are counted and declared at a joint session of Congress, held on January 6 of the year succeeding the election. (jbjd note:  Congress enacted a law changing this date to January 8 just for the year 2009.)  A majority of electoral votes (currently 270 of 538) is required to win. This report will be updated as events warrant.

http://www.fpc.state.gov/documents/organization/28109.pdf

Thus, on January 8, 2009, Congress finalized the election of BO for POTUS when, exercising a procedure spelled out in the Constitution, they ratified the individual vote tallies from Electoral College votes cast in all 50 states, and the District of Columbia, which had been submitted to them via the Constitutionally prescribed process by then Vice President Cheney, the President of the Senate, who had received these totals directly from the individual state Electoral Colleges as required by the Constitution.  http://www.archives.gov/federal-register/electoral-college/faq.html

Immediately after this Congressional Ratification, self-identified “Patriots,” certain BO is not a NBC, flooded the blogosphere with hyperbolic rants against everyone in Congress for failing to insist on a Constitutional vetting of the man before voting for Ratification.  These so-called ‘Patriots’ referred to Congresspeople of both parties as “Traitors,” accusing their elected officials of committing “Treason” for failing to uphold the eligibility requirements for POTUS spelled out in the Constitution, even though, ironically, the Constitution itself  required Ratification once Congress was confident the Electoral College had conducted its vote in accordance with the ‘process’ prescribed by the Constitution.

In other words, Congress is not directly responsible for making BO POTUS but only for Ratifying the results of the voting undertaken by the Electoral College.  This means that they are also not responsible for the fact he is Constitutionally ineligible for the job, even assuming he is Constitutionally ineligible for the job.

This does not mean the Electoral College is directly responsible for making BO POTUS.

Neither the Constitution nor federal law prescribe the manner in which each state appoints its Electors other than directing that they be appointed on the Tuesday after the first Monday in November.  In most States, the Electors are appointed through a state-wide popular election (“general election”).

That is, voters only elect Electors in the state’s general election.

Currently, Electors are nominated to fill these positions by the political parties at their state party conventions or by a vote of the party’s central committee in each state. Electors are often selected to recognize their service and dedication to the party. Generally, they hold a leadership position in the party. Often, they are major party fundraisers.  They may be state elected officials but, the Constitution prohibits members of Congress from becoming Electors in the Electoral College.

Whether the names of these nominated Electors then appear on the ballot depends on election laws that vary state to state.  In some states, the names of these Electors appear along with the letter “D” or “R,” along with the name of the party nominee.  In other states, only the name of the nominee appears along with the designation of the party.  But regardless of the appearance of the names on the general election ballot, voters in each state only choose the electors on the day of the general election. http://www.archives.gov/federal-register/electoral-college/faq.html

Weeks after their ‘appointment’ by means of the general election, these elected state Electors meet in each state – this gathering of Electors is referred to as the Electoral College, although the term Electoral College does not appear in the Constitution – to cast votes for the next POTUS.   The Constitution is silent about the factors that go into their voting decision.  Thus, Electors are Constitutionally free to cast votes for whomever they want.  This means, they may even vote for a person who is not the nominee of their political party or, is not in the same party as the slate of Electors that won the state’s general election.  However, some states have enacted laws that require the slate of Electors receiving the largest popular vote in the state’s general election, must cast their votes for the Presidential nominee from the same political party.  In other words, in these states, if the D’s received more votes than the R’s, then the Electors for the D party must cast their votes for the D party nominee.  And every state except for NE and ME, and the District of Columbia are winner take all, meaning, all of the electoral votes assigned to that state (or the District of Columbia) must be cast by Electors of the winning political party.

Immediately after the vote of the Electoral College, self-identified “Patriots,” certain BO was Constitutionally ineligible for the job, flooded the blogosphere with hyperbolic rants against the Democrats in the Electoral Colleges who cast votes for BO without first vetting him for Constitutional qualifications.  These ‘Patriots’ referred to Electors representing the Democratic Party as “Traitors,” accusing them of committing “Treason” for failing to uphold the eligibility requirements spelled out in the Constitution.  But remember, the Constitution does not require Electors to vet the party candidate for President as to Constitutional eligibility,  being silent as to the qualification of the person Electors may elect for the job.

http://www.archives.gov/federal-register/electoral-college/faq.html

In other words, the Electoral College is not directly responsible for making BO POTUS but only for casting their votes for him in accordance with both the Constitution and state law, as the nominee of the D party when that party was the winner of the state’s general election.  This also means that they are not responsible for the fact he is Constitutionally ineligible for the job, even assuming he is Constitutionally ineligible for the job.

Then, the responsibility for electing an ineligible POTUS must be found in a process directly related to his nomination.

(TO BE CONTINUED IN PART 2 OF 2.)

When Americans vote for a President and Vice President, they actually vote for
presidential electors, known collectively as the electoral college. It is these electors,
chosen by the people, who elect the chief executive. The Constitution assigns each state
a number of electors equal to the combined total of its Senate and House of
Representatives delegations; at present, the number of electors per state ranges from
three to 55, for a total of 538. Anyone may serve as an elector, except for Members of
Congress, and persons holding offices of “Trust or Profit” under the Constitution. In
each presidential election year, a group (ticket or slate) of candidates for elector is
nominated by political parties and other groups in each state, usually at a state party
convention, or by the party state committee. It is these elector-candidates, rather than
the presidential and vice presidential nominees, for whom the people vote in the election
held on Tuesday after the first Monday in November (November 2, 2004). In most
states, voters cast a single vote for the slate of electors pledged to the party presidential
and vice presidential candidates of their choice. The slate winning the most popular
votes is elected; this is known as the winner-take-all, or general ticket, system. Maine
and Nebraska use the district system, under which two electors are chosen on a
statewide, at-large basis, and one is elected in each congressional district. Electors
assemble in their respective states on Monday after the second Wednesday in December
(December 13, 2004). They are pledged and expected, but not required, to vote for the
candidates they represent. Separate ballots are cast for President and Vice President,
after which the electoral college ceases to exist for another four years. The electoral
vote results are counted and declared at a joint session of Congress, held on January 6
of the year succeeding the election. A majority of electoral votes (currently 270 of 538)
is required to win. This report will be updated as events warrant.

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