Vice-President Biden Should Act as President

According to the wording in the U.S. Constitution, Vice-President Biden should "Acting as President". Yes, no kidding. This is his duty and his right. President Obama has not shown his Birth Certificate. All his Certificate of Live Birth is proving is the eligibility of age has been accomplished.

It is the duty of the President elect to prove his eligibility and not for the Congress or the Court to have to guess at whether someone is "qualified" to be President or not. The wording in the Constitution is pre-supposing that the questioning of qualification for President and for Vice-President would be tested after the election process. If the testing is met prior then that is great but the Constitution only is addressing the issue of qualification after the election process has been made. The Constitution is addressing the President elect and the Vice-President elect to find out if they are qualified for the position.

Let's get to the wording of the U.S. Constitution in Amendment 20, # 3 which was ratified on 01/23/1933. Since the first part is addressing if the President or Vice-President die I will not include that portion.

...., or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

First, let's look at the possible sequence of events which possibly could be involved.

1) Has the Congress, in its infinite wisdom? as of yet established any rules or regulations in the process of defining qualification. By qualifications I am assuming, Article II, Section 1.

... 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.

... Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:-- "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of My Ability, preserve, protect and defend the Constitution of the United States."

The preserving, protecting and defending the Constitution of the United States involves removing from Office those who are not qualified to be in Office. The need to proving the qualification is not up to the People to prove but up to the Officials in the various Offices to enforce by the mere heeding to the words which have been sworn to or affirmed.

Thus from the above President Obama should either prove his citizenship by providing a birth certificate showing he is a natural born citizen or remove himself from office.

Thus in the same manner Vice President Biden needs to ask the President for proof of citizenship and if not provided he need to produce a letter and notify the leaders of the House and the Senate and as a courtesy present the letter also to the Supreme Court Justices and the Joint Chiefs of Staff. Thus after they the above have read the letter. The Constitution does not allow for a debate in this matter. The proof only is in the presentation of a birth certificate. Without a birth certificate President Obama is not a qualified President elect.

If I were to go to school and say I have my homework at home in a safe that only I know the combination to and then ask the teacher to give me an A++ for the homework I would be laughed at by the teacher. But if I get a note from my parents that states I did the homework and they saw me put the homework in the safe but would not be handing it in what would the teacher say. In like manner so should the citizens of the United States laugh at President Obama when he says that a note from his doctor who did not deliver him but that he is only acknowledging that after three days he say me. Wherein everyone knows that in three days one could fly half way around the world. A better comment might be that the "dog ate the homework". In this later case then I believe the teacher would give extra time to redo the homework. Now, let's put in another scenario. The parents are Principle and the teachers knows how the next years contract talks are going. The economy is slipping and some teachers might need to be laid off. In this scenario the student would be given an A++ with a little bit of after school verbal testing or just eliminating this from the final grade calculations.

Show me the Birth Certificate or get out of Office.

2nd. President Obama on his first day in Office and his first Executive Order was to literally put his Birth Certificate in a Safe where no one but himself had the combination to open the safe. He has made it illegal for anyone citizen to see his Birth Certificate from Hawaii. Perhaps this is because it does not exist. If I cannot have it in my hand then it does not exist is my conclusion. And if it is not in my hand then President Obama is not qualified to be President according to the Constitution.

Now, let's say Vice President Biden does step up and he does become a Man and live by the Constitution. Mr. Biden does not move up to the permanent position of President. The Constitution does not allow this to happen. If a President elect is not qualified to be President then the Vice President elect moves up and Acts as President. The way I am also reading this is that the Vice President is not removed from the position as Vice President and thus he also is still the President of the Senate. Thus this would be the only time when someone would concurrently be President and Vice President. The selection of a a qualified President should then, in my opinion, go back to the candidates who ran to determine which is the next one that is qualified.

The qualified Presidential candidates would then be weighed by Congress and one would be put forward as determined to be qualified. I do not see any allowance here for the Electoral College process to be re-instated or for Electoral College members to be consulted. The Constitution only allows this once after the election process. The Electoral College members flunked their class in essence but no allowance for a second Electoral College group is contemplated in the Constitution.

So, if Mr. John McCain was entered as being the qualified President then none of the democrats would be voting for him. The democrats would also contend that Mr. McCain was not a viable qualified candidate because he was not a natural born citizen. The law for determining would be adjusted so this would not be the case. Or is the next one Mr. Ron Paul. None would be voting for him as President either. So then what actually would happen. Nothing. Absolutely nothing.

If nothing happens, then what could happen. Since Mr. Biden knows the above would be the results and he would in all cases remain the Vice President and the position of President would revert to someone else who would not be in alignment with his perspectives and political agenda, Mr. Biden would not enforce the 20th Amendment to the Constitution.

Let's go to not next November but the following November after 2010. If the elections put the Democrats in a minority then the Republicans I would be assuming would be in a majority. In this scenario then Congress would force the issue and state that Mr. Obama was not the President and then force Vice President Biden to act as President as well. While the issue is being debated and fought Mr. Obama would be petitioning the Supreme Court for clarity on the situation. The Courts would state that Congress has already stated that Mr. Obama is a "natural born" citizen and the court would rest on Congresses determination. After all, the majority in the Supreme Court now is liberal leaning and this would be in their best interest. Eventually Congress would either determine that Mr. Obama needs to produce a birth certificate or they would elect a President who is qualified to the Office of President. Mr. Biden would remain the Vice President. If the Senate does not have a broad margin but rather a tight margin or a Democratic margin then in the next two years nothing will be going through the Senate to the President or to the House for signatures or for debates.

But after two years will this be too late to enforce a Constitutional issue to arise. It just may be. But if the economy is sour this could be the only solution. Perhaps at that point the People may demand this Constitutional question. This question could also be a debating point in the November 2010 election process. "Show me the Birth Certificate". Could this be the 2010 Cry. Freedom is precious, let's preserve it.

Mr. Biden what are you going to do. If you have not seen the Birth Certificate then enforce the Constitution. After all, you did swear that you would.

"So help you God."

Sources:

U.S. Constitution
http://en.wikipedia.org/wiki/United_States_Constitution