Dear «Tittle» «Name»,
Mr. Obama’s and Mr. McCain’s basic qualification for office have been formally challenged in a many lawsuits, 4 of which are appealed to this court, with a steady stream of additional lawsuits from other states on their way. Many citizens believe that ignoring this constitutional challenge might well present a threat to our nation’s security, the peaceful transition of power and commensurate subordination of the military.
Here is a synopsis of a possible way forward.
Ø A simple majority election vote does not sweep aside the super majority vote inherent in the constitution.
Ø These Lawsuits are not going away either before or after Jan. 20th. This issue must see a definitive judgment.
Ø The Court pronounces the intent of the constitution/law as it applies to the challenged candidates (declarative relief) without specifically overturning the election.
Ø Congress in deference to the courts pronouncement of the constitution/law renders the final political judgment by rejecting one or both top candidates in a formal Electoral College challenge.
Ø Congress can legislate a special election or other remedy as provided for in the 20th amendment.
By incorporating the electoral college challenge in the process, this court, who may be reluctant to single handedly overturn the election, avoids reaching directly into the political process as it were. It may be tempted, nevertheless, to bend to the temporary will of the people as expressed in the majority decision on Nov. 4 th. The constitution, however, represents a sweeping super majority of the people – far more so than a single election majority or a point of legislation.
When the super majority of the people contemplated the 14th amendment, there was ample opportunity to widen the possible classes of citizens eligible for the office of President, but they did not do so.
Alan Keyes expresses the import of this superbly,
“Though the results of any given election also represent the will of the people, the validity of those results rests on the substantive and procedural understanding arrived at by the people and expressed in the provisions of the constitutional compact. In it, the people have agreed that, first in its adoption and then in the adoption of any changes in its terms, a more comprehensive majority is required than that which decides the outcome of any other election prescribed by it. The need for this more comprehensive majority makes the Constitution a more permanent and durable expression of the will of the people than any subsequent action by a simple majority. In this context, those who compose the simple majority are, like the members of the legislature, subordinate agents of the constitutional majority.” 1 The end of the constitutional republic
The whole nation depends on the non-political, fair declaration of the constitution and the law as it applies to Obama, McCain and Calero. That peace, which we have hitherto enjoyed is in your hands. This matter must be resolved. It will only resurface with greater force if not answered now and answered clearly and credibly from the constitution and the laws as they are written. Great mischief could accrue to a nation that lost faith in the basic institutions. We have avoided the sorry fates of other nations because of our faith – almost uniform in the institutions of government. For many aware of this question, that faith is now hanging by a thread because one and perhaps both major candidates for president have ascended to that position without demonstrating that they are qualified for that office.
1. You can solve this issue decisively while allowing each body of government to do what they were meant to do; each to their respective strengths. The Supreme Court could redefine “natural born” finding new meaning in old words and stretch the documents and the laws to fit the exigencies of the moment. If, however, they determine that “Natural Born” means without qualification “Two citizen parents, born on US soil,” then without specific directives, the Supreme Court can simply declare the law as it applies to both Obama and McCain who would be demonstrated by such a declaration to be unqualified. 2
2. A Senator and Congressman issues a formal challenge to the Electors of the respective beleaguered candidates forcing congress to vote on the challenge. With your opinion before them, they will be for all practical purposes, obligated to give deference to the legal opinion rendered by the Supreme Court and disqualify both candidates. Thumbing their nose at the Supreme Court is not an option politically or realistically as the specter of post inauguration legal challenges and civil and unprecedented distrust on the part of the military would be intolerable.
3. Because both candidates were disqualified, re-vote becomes a politically palatable option and significant civil unrest is minimized. Congress either votes for alternate candidates or establishes a public re-vote as allowed by special legislation under the 20th Amendment. Sen. Biden is acting President until the new selection is made if the process runs beyond January 20th..
The key is to end up with a “Natural Born Citizen” that the people and the institutions of government can have full faith and trust.
In fine, each body gets to do what they do best. The Court declares on the law but doesn’t overturn anything leaving the task to congress. Congress executes the election per the 20th amendment in deference to the court's ruling. The constitution is preserved and we move on.
The ramifications of failure to maintain full faith and trust are too great to do otherwise.