Thursday, November 06, 2008

Guest Editorial - Empiricum

Why I believe that Obama and Biden were both unlawfully "elected" -

It is my honest belief that Barak Hussein Obama was born in Kenya on August 1, 1961. This citizenship / natural born citizen issue along with the possible renunciation of "citizenship" in Indonesia has been the subject of litigation in Pennsylvania (by Philip Berg) and Hawaii (by Andy Martin) and the Berg case is now before the US Supreme Court for certiorari. To date, Obama has not even bothered coming forward with his proof of natural born citizenship. The burden of proof is on him as he is the one claiming that he is a natural born citizen. He owes it to the American people to come forward truthfully and honestly.

The US Constitution is the supreme law of the land. Obama and Biden, both members of the Bar, should obey, abide by and religiously and consciously follow it to its letter and spirit!

On the issue of standing to sue, I adopt and incorporate herein the arguments of Dr. Edwin Vieira, Ph.D., J.D.:

Premises stated, I now argue and contend that a political entity, like the Democratic National Committee, cannot unilaterally amend the Constitution of the United States by nominating a person, like Obama, if with full knowledge of the lack of qualification of its nominee. It is Congress that has the power to propose such Amendment subject to the Ratification by the citizens and voters of the States. The election process does not amount to "ratification" in the absence of a proposal passed by Congress on the matter. Thus, I submit that Obama was unlawfully "elected."

Additionally, I contend and argue that an illegal act does not grant any right or create any duty or obligation. Since the election on November 4 was void ab initio for the reasons I have set forth earlier, all the Electoral College votes that Obama and Biden garnered yesterday are likewise void ab initio and should not be counted. This effectively disenfranchises all those who voted for Obama and Biden. On this score I agree with the arguments of Dr. Edwin Vieira on this issue. The legal recourse of the Obama / Biden voters is a class action lawsuit against Obama / Biden and the DNC.

Therefore, legally, technically and constitutionally, Obama/Biden received "0" electoral votes in view of all the foregoing reasons. Thus, McCain / Palin won as a matter of fact and law and should be declared the winner by the Electoral College and certified as such by Congress!

Presidential succession rules do not apply per se in this instance. The same is true with "failure to qualify" (on the part of Obama) argument. Both arguments are irrelevant for the following reasons:

1. Biden was not voted separate and apart from Obama.

2. Biden himself cannot benefit from an "illegal act."

McCain and Palin garnered the "most" number of electoral votes with Obama/Biden being eligible for "0" as in zero. Therefore, Nancy Pelosi is completely out of the picture, also.

And last, but not least, for the Electoral College and Congress to declare Obama and Biden the winners in the election would be to validate and condone an otherwise illegal act and apparent violation of the Constitution.

Wherefore, in view of all the foregoing arguments, I respectfully submit that both the extraordinary writs of qo warranto and prohibition should be granted by the Court upon proper petition filed for that purpose.

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