What Went Wrong with Our Electoral System
The Good of the Electoral System
Hamilton explained in Federalist 68 (appended below) the reasons for the electoral system in the Constitution for the United States of America (CUSA) – to prevent cabal, intrigue, incompetence, and attitudes disconnected from the sense of the people from effecting the election of the US President. Such an intrigue included that from concentrated masses of people in urban areas. The electoral system prevented urban populations from overwhelming the will of widespread provincial and rural populations.
The amended CUSA’s electoral system requires that each state have a number of electors equal to the number of its representatives in Congress, and that responsible voters should choose them, and the state shall determine the manner of their casting votes for the President and Vice President. The CUSA provides means for resolving ties in the electoral votes. The system is not perfect, but sensible, informed people generally recognize that it does a pretty good job.
What Happens with an Alien as President
UNFORTUNATELY, our imperfect system allowed an abject imposter, Barack Hussein Obama, to ascend to the Presidency and to do many evils during his 8 years in office.
Fairness dictates that we admit certain benign features of Obama’s Presidency. The nations health insurance system needed overhaul, the armies in Afghanistan and Iraq needed to come home from their no-win wars. Obama put those into motion. And he has a nice smile and pleasant way of speaking.
But Obama also fomented and financed a war against the government of Syria as punishment for Assad’s refusal to allow a Qatar gas pipeline to run through Syria, spearheaded the growth of ISIL, caused millions of Muslims with jihadist intentions or inclinations to invade the USA, UK, Europe, and Scandinavia (while blaming it on climate change), dramatically increased health care insurance premiums for productive Americans in order to give a virtual free ride to the non-productive, failed to protect the US borders from invasion through IberoAmerica and Canada and the coastlines, failed to eject illegal aliens, gave Iran the money it needed to by Boeing airplanes, and has continued the process of squandering billions of dollars through foreign aid, and encouraged Negro malcontents to riot and rampage across American cities by giving Negro crime a virtual green light through his support of thugs like Trayvon Martin.
And his family travel and vacations have cost taxpayers $85 million in the course of his Presidency.
The Natural Born Citizen Issue Solved
Obama is not a natural born citizen because he has an alien (British African) father, he was born in Kenya, and his US citizen mother had remained too long outside the USA to confer citizenship upon him at birth under US law at the time.
Clearly, the CUSA failed to impose upon any particular agency the obligation to verify the credentials of aspirants to the offices of President and Vice President PRIOR to their running or campaigning for office. Both Mario Rubio and Ted Cruz campaigned to become the Republican candidate for President even though neither qualifies as a natural born citizen.
The value of the requirement of natural born citizen status consists of freedom from foreign influence on one’s conscience and loyalty to the CUSA. Natural born citizen status ensures that the citizen bears no conflicting pressure on his loyalty to the obligation to protect, preserve, and defend the CUSA against all enemies foreign and domestic.
Conflicts arise by these factors:
- Extended absence from the USA to live in a foreign land (other than as a consulate employee);
- Birth to a non-US Citizen parent;
- Birth in a foreign land.
In all three of these circumstances, loyalties alien individuals, cultures, and governments constitute a grave conflict of conscience and tend to make a person feel more loyal to the alien influence than to the CUSA, especially when confronted with a choice that has severe consequences to the alien influence.
For that reason, a “natural born citizen” is born on US soil of two US citizen parents, according to my thinking.
Others like scholar Jon Roland harbor a differing opinion, saying we owe it to English law to accept “jus soli” (law of soil) as the determining factor of a natural born citizen. But I disagree for the reasons above.
And, bottom line, if Congress has anything at all to say about one’s citizenship status, one is not a natural born citizen because Congress only deals with naturalization. As Ann Coulter wrote on 13 January 2013, “A child born to American parents outside of U.S. territory may be a citizen the moment he is born — but only by “naturalization,” i.e., by laws passed by Congress. If Congress has to write a law to make you a citizen, you’re not “natural born.”
The Problem with Obama’s Split Loyalties
Obama’s alien loyalties to Islamic culture and religion and to alien governments, cultures, and people, including family members, of Kenya and Indonesia definitely conflict with his loyalty to the CUSA.
In spite of the awareness of Obama’s political handlers about his split loyalties when he became an Illinois and US lawmaker, no one lifted a finger to verify his citizenship and birth status prior to his running for the Presidency. This had nothing in particular to do with the electoral system, but it shows how irresponsible the electors and party apparatchiks were were in casting their votes for Obama.
Core Deficiency in Electoral System – No Investigative Power
However, Obama’s lack of qualification for the Presidency reveals a core deficiency in the electoral system. The electors operate as a loose array of individuals, possibly overseen by operatives of political parties. They do not have an investigatory body to command nor a budget, other than for travel to the state capitol to cast their ballots. And yet the burden falls upon them as the opportunity of last resort to verify the credentials and qualifications of the candidates for President and Vice President.
The CUSA’s 25th Amendment (appended below) provides for the Congress to determine whether the President suffers from incapacity to perform duties, and to put the Vice President forth as President. This was intended to accommodate an illness or mental dysfunction that made the President unable to perform.
A sentient Congress could use this as a final stop-gap means to strip power from an incipient President on the basis that his incapacity devolves from never having qualified to hold the office to begin with, owing to non-natural-born-citizen status which nobody bothered checking or protesting earlier.
All should demand of our legislators that they create a new amendment to the CUSA requiring an examination of credentials and full airing of related disputes, obliging the courts to weigh in with non-binding opinions. The electors should have all that data available before casting their votes, and the CUSA should prohibit interference with electors voting as they see fit.
As I see it, today’s electors are just political hacks. Nothing really guarantees that they are intelligent, properly educated and informed about the issues and candidates and candidate qualifications, and free of party interference prior to casting their votes.
THAT, in my opinion, needs to be fixed.
One correspondent wrote this suggestion that an exception exists for Obama:
“Obama’s legitimacy rests on the theory of implicit amendment by subsequent events which includes changes in law relative to the clause in question, but not implicitly repealing that clause. The natural born clause seems to be inconsistent with the equal protection clause and the one kind of citizenship clause, but not necessarily. There could be an exception to both general rules in the case of the President. ”
Surely someone before me has opined that the ambiguous provisions of the Constitution should not serve to undo, pervert, or subvert the features the founders obviously intended and enabled through the ambiguity. They intended the ambiguity to give flexibility, not to justify or facilitate subversion. They devised the electoral system not as an end unto itself but to keep enemies, traitors, aliens, alien agents, cabalists, etc., out of the Presidency with minimal disruption by side effects. To the extent it fails to do that, some individual or group has subverted its function to serve people other than the responsible citizenry of the land.
That is why I explained my take on the principle underlying the natural born citizen restriction on aspirants to the Presidency. By implication, first of all, a non-natural-born citizen should never be allowed to run for President or become a nominated candidate for President because he can never become President constitutionally. So Congress must devise a means of verifying credentials and qualifications at the time a person signs up as nominee or candidate and again immediately prior to elevation to office. Furthermore, a President must not have split or alloyed loyalty with respect to the US Constitution in contrast to alien constitutions, governments, cultures, geography, and people.
We must see the natural born citizen requirement in that light or its function becomes perverted or subverted. And that is the problem with Jon Roland’s insistence on bowing to English authorities on the qualifications of the US President. Such bowing results in a subversion of the principle against split loyalties in the Presidency.
That is why a natural born citizen is and must be a US citizen who was born on US soil of TWO US citizen parents, not merely one US citizen parent and one alien parent, and he must not only have credible proof documents, but there must be no credible dissent (such as family members claiming they saw him being born in the Coast Hospital of Mumbasi Kenya).
And, that is also why the Constitution requires the President to have resided in the USA for 14 contiguous years prior to election – to reduce the likelihood of influence by alien loyalties.
There can be no exception to those rules. Ann Coulter wrote rightly that anyone who becomes a citizen by virtue of a law simply does not constitute a natural born citizen.
Beating a Dead Horse?
Another correspondent penned “Come on, get serious, Obama is legitimate and you cannot go back eight years.”
No, Obama is not and never was a legitimate US President, because he was born in alien land to an alien father. We have had an alien President with alien allegiances for 8 years because nobody bothered scrutinizing his birth records and other credentials prior to allowing him to run for or ascend to the Presidency, and nobody bothered blocking him because he is an alien. Obama’s mother lacked the legal capacity to confer US citizenship upon him because of her extended absence from the country. Obama is not even a US citizen, much less a natural born citizen.
This is not a dead issue and I am not beating a dead horse, so to speak. Congress must enact a law to enforce scrutiny of credentials and denial of the right to run or serve for every elected and appointed officer of US government.