Texas legislators are already introducing bills for the 2011 legislative session. Representative Leo Berman recently introduced HB 295, which says that no presidential or vice-presidential candidate may be listed on the November ballot unless he or she has presented an “original birth certificate indicating that the person is a natural-born United States citizen.”
The bill has no effect on presidential primaries, or on write-in candidates. The bill seems not to acknowledge that not every person born in the United States has a birth certificate. Nor does the bill define “original birth certificate.” The new language proposed by the bill is only one sentence long. Thanks to Political Wire for this news.
NBC = ALLEGIANCE (LOYALTY) to the U.S.A. AT BIRTH — based on the nation-state status of the father — wherever a kid is born — in ANY nation-state, on the high seas or in outer space.
http://www.lonang.com/exlibris/blackstone/bla-110.htm
Commentaries on the Laws of England (1765-1769)
Sir William Blackstone
BOOK 1, CHAPTER 10
Of the People, Whether Aliens, Denizens, or Natives
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repeated in 14th Amdt, Sec. 1 — *subject to the jurisdiction thereof* [of the U.S.A. regime — allegiance and loyality to the U.S.A. regime at birth]
TOTAL male dominance in 1776-1868 – an historical-legal FACT.
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4 July 1776 – Brits LOYAL to the U.S.A. in the 13 States in the DOI become instant State citizens (with their children) and NBC of the U.S.A.
Their children become NBC.
Naturalized foreign male folks become 1776-1790 State/ U.S.A. citizens. U.S.A. 1790 uniform naturalization law, as amended.
Their children become NBC.
Various special naturalization laws for added areas to the U.S.A.
Note the *natural* in *naturalization*.
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A regular birth certificate will only list the time and place of birth of a kid and sometimes NOT even list who was the alleged father and/or mother — with about zero info about the nation-state status of the father.
Waiting for the standard MORON responses from the usual suspects.
Now you know about the crazies we have to deal with here in Texas. What a hillbilly.
The funny thing is that if this had been in place for 2008 John McCain would not have been able to meet his standard. McCain was not born in the United States, nor on a US Military hospital, but on Panama soil.
The current scheme is awkward because party candidates do not apply for a place on the election ballot, so that there is no place for the candidate to provide documentation of his qualification for office.
Independent candidates for president are required to file for office in their own name. Their application includes authorization by the vice presidential candidate and elector candidates, along with their petition. So they could be required as part of the application to include proof of their qualification for office.
This would automatically also include write-in candidates, whose application only differs in that a petition is not required, and the deadline.
Party candidates could be required to apply in their own name, accompanied by a signature from the party chairman authorizing their candidacy. So party candidates could also be required to include proof of qualification for office.
The Prez qualification clause in Art. II, Sec. 1 is just one more item for the Art. III courts to worry about.
The 12th Amdt Congress only COUNTS the E.C. votes – with NO power to rule on the qualifications of a Prez or VP.
See also 20th Amdt, Sec. 3.
Different for each Congress house — Art. I, Sec. 5 — due to history reasons in England in the 1500s-1600s.
Other bills of possible interest are:
HB 318 which would move the primary to the first Tuesday in February (filing deadline would be 65 days before that so around Turkey day). The petition deadlines for independent candidates and new party qualification are based on the primary.
HB 153 relates to electioneering near polling places located in private buildings. IIUC, current law says that private buildings may only be used as polling places if electioneering is allowed on their premises outside the 100 foot limit, unless the private building is the only suitable location for a polling place in a precinct. I think HB 153 is trying to clarify how the owner of a private building would authorize electioneering on the premises outside the 100-foot limit, but it could be read as permitting a private building owner to authorize electioneering within the 100 foot limit.
#4 Congress may decide whether electoral votes are valid, including whether they were cast for an eligible person. Counting has deeper meaning than 1,2,3.
12th Amdt part —
*** the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; ***
assuming that the Prez person is QUALIFIED/*eligible* — Art. II, Sec. 1 part
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
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Congress party hacks have judicial powers ONLY in impeachments and in election results for Congress party hacks and in internal party hack stuff — possible expulsions, etc. — which is quite super dangerous enough..