Franklin Delano Roosevelt, the 32nd President of the United States of America was elected four (4) times, i.e., 1932, 1936, 1940 and 1944.
Roosevelt served as US President in the years 1993 thru 1945 when he died not long into his fourth term.
The 22 Amendment (twenty-second) was enacted, after Roosevelt was elected to a fourth term, to confine and restrict future Presidential candidates to two terms. The official language of the 22nd Amendment is provided directly below (bold emphasis mine):
Section 1.
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.
Section 2.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.
The language of the 22nd (twenty-second) Amendment does not include Vice President nor is it applicable to a Vice President candidate.
Article II, Section I, paragraph VI of the US Constitution states the President’s removal, death, resignation or inability to discharge the powers and duties the Vice President becomes the President:
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The very last sentence of the 12 (twelfth) Amendment states:
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
What determines whether or not as person is eligible to office of the President? Article II, Section I, paragraph V of the US Constitution:
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.
If Barack Obama were a natural born citizen he would be eligible to the office President.
The 22nd (twenty-second) amendment disqualifies/bars Barack Obama (and any other President) from being elected to a third term but does not make him ineligible to office of of President.
After serving two terms as President there is nothing, no language, in the US Constitution which would prohibit Barack Obama from being elected to the office of Vice President. Moreover, upon the President’s removal, death, resignation or inability to discharge the powers and duties Vice President Barack Obama would become President Barack Obama.
Barack Obama will have been elected to the office of US President twice (2 times) and served as US President three (3) times. Nothing unconstitutional about it.
Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.
You raise an interesting point, which I suspect many folks most certainly including me, had never previously considered. Frightening!
Regrettably, the topic of what legally constitutes a ‘natural born citizen’ has now become moot and even our possibly-compromised Supreme Court has refused to render a clear opinion on the proper definition for the term.
I consider the ‘1875 Minor v. Happersett’ original-intent-based Supreme Court decision on the matter to be the most accurate available.
However, according to the MSM-acclaimed, Constitutional ‘expert’, Temple University Law Professor, Peter Spiro, the meanings of words and phrases in the Constitution ‘evolve’ with time and the ‘opinions of the people’. – WTF (see the following video, especially between the 1:20 and 1:60 marks)
Unearthed: Professor Spiro Admits If Obama Born In Kenya He’s Not Eligible
Thankfully, even Professor Spiro has publicly stated that if BHO-II was born in Kenya, then he is NOT a NBC and hence would not be ELIGIBLE to hold the office of either President or Vice President.
– so why the HELL is ‘BORN-IN-KENYA OBAMA’ now four months into serving has SECOND TERM of office!
The legal loophole raised in this post is interesting and might conceivably even be used as a tactic by Obama if he is not soon publicly exposed, convicted and legally expelled from office.
However, my greater fear is that he will simply declare a NATIONAL EMERGENCY of some type, temporarily (LOL) SUSPEND the Constitution so that he can serve a third term, and silence all those who object to his actions, using his usual brutal methods of coercion and intimidation!
Four and a half years after his first inauguration, I don’t know why we are even mentioning “the Constitution” as something that might limit anything that Barack Hussein Obama wants to do. I am astounded to think that after he signed the NDAA, waged an illegal war in Libya, and has taken so many overt steps to suppress our constitutional rights as a people, that anyone would imagine that the 22nd Amendment or any normative or legal source of tradition could prevent this monstrosity from doing whatever he wants to do. After all, to Oppose this King is Taboo—it is racist and reactionary, and none of us can admit to sympathy with any such causes, now can we?
Obama is truly George W. Bush’s successor in the belief that “the Constitution is just a piece of paper.” I fear that, in reality, neither the present Congress nor the Federal Courts do in fact regard the Constitution as imposing any effective limits on the President’s powers.
I worry that the group represented here by the addressees of this e-mail, to some of us who in 2009 campaigned against Obama’s eligibility, are partly to blame. Our singular failure, each individually and together, to challenge Obama’s constitutional eligibility, was a terrible blow to the Constitution.
In my opinion, the continued, prolonged, efforts of one of the addressees of this e-mail grouping, to file case after case in the face of defeat without developing any meaningful new strategies or theories, has also cheapened the cause. It seems that at least one of us, in this group, wants to litigate until every possible permutation and combination of a simple theory of ineligibility has been tried, so that the constitutional eligibility (aka “birther”) movement will forever appear to be CRACKPOT, LUNATIC, and STUPID in the eyes of the rest of the world.
Persistence is a wonderful thing if it is innovative and imaginative, but the Constitutional Eligibility questions raised in 2009 have been so ill-used in the United States as to make all of us, and our country, the laughing stock of the world.
One member of the group to whom this e-mail is addressed bears particular responsibility for repetitive, reiterative, redundant, self-duplicating litigation and public posturing. It needs to stop. It needs to end, until there is a credible political force in the United States that can once and forever erase Barack Hussein Obama from the Roster of Constitutional presidents of the United States.
As a life-long fencer and dueler, I can tell you that “Justice and Revenge are cups best savored cold”—and the effort one of us has maintained to keep the challenge to Obama “hot” has spoiled that cup.
That person knows who she is, and she should close up her shop and go back to advocating more directly for the causes she says she believes in, rather than destroying the cause she nominally leads by wearing it into the ground through painful, pointless recreations of the same dismal failure.
Charles Edward Lincoln, III
“Ich bin der Geist der stets verneint”
Deo Vindice/Tierra Limpia
http://charleslincoln3.wordpress.com
Telephone: 310-978-7638
E-mail: lincoln_for_california@rocketmail.com
Matthew 10:34-39
Think not that I am come to send peace on earth: I came not to send peace, but a sword. For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter in law against her mother in law. And a man’s foes shall be they of his own household.
He that loveth father or mother more than me is not worthy of me: and he that loveth son or daughter more than me is not worthy of me. And he that taketh not his cross, and followeth after me, is not worthy of me. He that findeth his life shall lose it: and he that loseth his life for my sake shall find it.
The rest of the country isn’t a laughing stock, Chuck. Just the birther movement.
But you guys really have yourselves to blame. You guys only have yourselves to blame. Lets have a lookie at the gallery of some of the more prominent birther heroes!
Mario Apuzzo – A DUI lawyer.
His job is to get drunk drivers reduced sentences. He is not and never has been an expert on constitutional law. There’s a reason you don’t hear a lot from him. He’s too busy pleading on the behalf of drunken idiots who get someone killed or seriously injured.
Orly Taitz – A jill of all trades, mistress of none.
I don’t know if you read her blog, but she is so paranoid that she thinks HTML bugs are in fact hackers trying to take her site down. She also has the dubious honor of losing a court battle against an empty chair. She champions for the censorship and imprisonment of anyone who doesn’t believe the way she does.
Larry Klayman – A lawyer who just so happens to be a WND columnist.
He also has a record of abusing his children, the most disturbing is touching them inappropriately. As a WND writer he is one of Jerome Corsi’s biggest fans.
Lucas Daniel Smith – Was caught trying to sell a Kenyan birth certificate that he made himself! His Obama Derangement Syndrome sometimes takes a backseat to smearing one of the people who was key in exposing him as a fraud, one Dr. Conspiracy. Smith has also served some jail time.
Then you have Jerome Corsi, Mike Zullo, and Joe Arpaio. They’re grifters. They saw you lot as an easy mark. Corsi only peeps about birtherism if there is a book to sell, Joe Arpaio stopped talking about the subject about five minutes after Obama was re-elected, and Zullo is still playing the “New info is coming in a few months! Send money!” game.
@ Bruce:
The meaning of Natural Born Citizen comes from the common law and refers to the place of birth. The US Supreme Court officially determined the meaning of Natural Born in the Wong Kim Ark case, which BTW was AFTER Minor v. Happersett, and that case ruled (six to two, one justice not voting):
”
It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.
III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established.”
As you can see, it says that the meaning of Natural Born comes from the common law (“by the law of England for the last three centuries.”) And it says that the same rule applied in England and in the 13 colonies and in the early states, and “continued to prevail under the Constitution as originally established.” And it says that EVERY child, repeat, EVERY CHILD, who is born in the USA is a Natural Born Citizen.
But, if doubt your own eyes, there have been TEN appeals court rulings on presidential eligibility, all of which said that the US Supreme Court ruled that EVERY child born in the USA is a Natural Born Citizen, and ALL of which said that the Wong Kim Ark decision was the key decision (not Minor v. Happersett). Here are some of those rulings:
Hollander v. McCain (New Hampshire 2008) ruling: “Those born “in the United States, and subject to the jurisdiction thereof,” U.S. Const., amend. XIV, have been considered American citizens under American law in effect since the time of the founding, United States v. Wong Kim Ark, 169 U.S. 649, 674-75 (1898), and thus eligible for the presidency.”
Ankeny v. Governor of Indiana (Indiana 2008 – Appellate Court) ruling: “Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents.”
Tisdale v. Obama (Virginia federal court 2012) ruling: “It is well settled that those born in the United States are considered natural born citizens.”
Voeltz v. Obama (Florida 2012) ruling: “However, the United States Supreme Court has concluded that ‘[e]very person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States. ‘Other courts that have considered the issue in the context of challenges to the qualifications of candidates for the office of President of the United States have come to the same conclusion.”
Allen v. Obama (Arizona 2012) ruling: “Most importantly, Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, Arizona v. Jay J. Garfield Bldg. Co. , 39 Ariz. 45, 54, 3 P.2d 983, 986(1931), and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President. … Contrary to Plaintiff’s assertion, Minor v. Happersett, 88 U.S. 162 (1874), does not hold otherwise.”
Farrar (et al.) v. Obama (Georgia 2012) ruling: “In 2009, the Indiana Court of Appeals (“Indiana Court”) addressed facts and issues similar to those before this court. [Ankeny] v. Governor, 916 N.E.2d (Ind. Ct. App. 2009). … The Indiana Court rejected the argument that Mr. Obama was ineligible, stating that children born within the United States are natural born citizens, regardless of the citizenship of their parents. … This Court finds the decision and analysis of [Ankeny] persuasive.”
Not one single court, appeals court or the US Supreme Court (not even in Minor v. Happersett) has ever ruled that two citizen parents are required in order to be a Natural Born US Citizen, and the US Supreme Court did rule in the Wong Kim Ark case (as the ten appeals courts all confirm) that the meaning of Natural Born Citizen includes EVERY CHILD born in the USA.
Oh, and Obama really was born in Hawaii, not in Kenya.
ehancock wrote:
Very few even semi-intelligent folks STILL believe that fairytale! LOL!
The hard EVIDENCE that he was actually born in KENYA is just too overwhelming!
Obama WAS Born in Kenya- Compilation of Support Data
According to a British documentary film Barack Obama’s paternal step-grandmother in Kenya, Sarah Oyango Obama, has a 2005 poster calendar on the wall of her home that proclaims “The Kenyan Wonder-Boy in the U.S.: Senator Barrack Obama”! – http://youtu.be/UreJZMY_2IY
The wall-mounted, ‘Kenyan Wonder-Boy’ poster calendar is shown between the 2.05 to 2.10 marks in the video.
LOL – Obama – The Kenyan Wonder-Boy
@ ehancock:
HOW DO YOU KNOW WHERE obummer WAS BORN ? WERE YOU PRESENT ?
HIS PROFILE PUBLICATION FROM HARVARD STATES HE WAS BORN IN KENYA .
DO YOU ACTUALLY STAND BY AND SUPPORT THE TRAITOR AFTER THE BENGHAZI DEBACLE , IRS SCANDAL , DESTRUCTION OF OUR ECONOMY , GUN CONTROL VIOLATIONS , FAST AND FURIOUS SCANDAL , obummer – no – care , INVITING MEMBERS OF THE SUBVERSIVE MUSLIM BROTHERHOOD INTO OUR SECRET OFFICE OF HOMELAND SECURITY , C. I . A . AND DEPARTMENT
OF ” INJUSTICE ” ????? ( PLUS A LAUNDRY LIST OF MORE THAN 50 OTHER IMPEACHABLE / INDICTABLE CRIMES AND MISDEMEANORS )
ALL CAPS MAKE STUFF TRUE!!!!
Bruce wrote:
That’s a terrific photo! Hilarious!
I think the Breitbart report about BHO’s own literary agent stating for about 16 years that Obama was born in Kenya is pretty damn convincing!
The Vetting – Exclusive – Obama’s Literary Agent in 1991 Booklet: ‘Born in Kenya and raised in Indonesia and Hawaii’
http://www.breitbart.com/Big-Government/2012/05/17/The-Vetting-Barack-Obama-Literary-Agent-1991-Born-in-Kenya-Raised-Indonesia-Hawaii
SkepticNoMore wrote:
I also find that example of HARD EVIDENCE that you cite from the article to be extremely difficult to LOGICALLY dispute!
Obama WAS born in Kenya, without doubt, and Lucas Daniel Smith has provided the ULTIMATE PROOF!
– and we all KNOW that OBAMA THE TRANSPARENT wouldn’t keep repeating that same KENYAN-BORN LIE (lol) for 16 YEARS!
It’s interesting, I think, that the Breitbart article provides a convenient, though totally ridiculous ‘disclaimer’, which states:
Maybe that’s true and they really are that ‘dense’ over at Breitbart. We just don’t know.
However, please consider the information given in the following video. Andrew died unexpectedly and under very strange circumstances. Very worrisome indeed! Maybe we need to just CONNECT THE DOTS on this tragedy!
Andrew Breitbart Murdered? Sheriff Joe Arpaio talked to Breitbart 4-5 Hours before he died
Ermahgerd! I guess that means Sherrif Joe offed him!
/sarcasm
As for that other stuff. Got anything that hasn’t been debunked over and over again?
No?
I see Rikker is here making a mess of this intellectual and honest blog. And ehancock is here too, she’s got a lot of time of her hands now that her brother – the unibomber – is in jail.
Mr. Smith, ban rikker – aka voice of insanity – before he turns your blog a cesspool. They don’t call him the “plague of the internet” for nothing. Do yourself a favor and close the door on that bootlicker.
Whats wrong, Chicken hawk? Zullo’s “Any Day Now”-itis got you down?
COMMENT REDACTED BECAUSE IP ADDRESS DOES NOT BELONG TO FALCON. COMMENT WAS SUBMITTED BY AN IMPOSTER WITH INTENTIONS OF DEFAMATION.
Hey Kurt glad to see you responding to us. How are things with Marcella and the kids. Are you still trailing behind Marcella like a whipped dog when you are out with her? I remember catching that act at one of your daughters basketball games. I almost felt sorry for you. Marcella sure knows how to keep you in your place, I have to hand it to her. Glad to see Falcon stopped by to acknowledge your presence here. Hope we can have some fun making you look like the fool you are.
Again with the “I’m bleeding, and therefore am the victor!” Guess birthers just can’t handle the reality of every single one of their birther ballot jihads, smear jobs and empty threats of marching on Washington DC falling flat.
I think the only reason Falcon came here, is because he’s really loosing the crowd at Birther Report. Seems some of his fellow birthers have turned on him. I gotta say, that birther in-fighting is a lot of fun to watch.
I must say Kurt, I am happy to find you again. Nothing I enjoy more than manipulating and controlling you much like Marcella does. I own you, I can make you take the bait as I did earlier today. You just can’t help yourself you are so weak minded. How are the scuba instructions going? Making any money or is the envelope business a failure also?
@ Rikker:
Apparently you need to steal my name and then call yourself derogatory names. As I said, Mr. Smith, ban that troll before you regret it.
Larry Bland wrote:
Kurt’s got some mental issues to go along with effeminate nature. Lincoln freed the slaved and Kurt threw himself back on the Pigford plantation like a Dippity Doo sale at Freddy’s Fashion Mart.
★FALCON★ wrote:
The same old tactic from Kurt/rikker/voice of reason, taking the name of another poster and make a racist remark. We have been through that many times with this idiot.
★FALCON★ wrote:
Just to be perfectly clear here please understand that this post was Kurt Coleman/rikker/voice of reason spoofing Falcons name. Coleman has used this tactic many times in the past and has no hesitation posting racist, vile, filthy comments under another persons name.
You two sure are playing Rules for Radicals close to the chest. 😉
Poor little birthers.
Is the Mike Zullo: Any. Day. Now. home game starting to wear thing for you, Falcon?
Voice of Reason wrote:
Getting your ass kicked from one of the internet is a pleasure you apparently desire, Kurt. I have a strange feeling, like a Democrat gets when the Pigford check arrives – you’ve reached the end of the road, deadender.
What’s wrong, chicken hawk? Run out of birferisms?
Our policy here at WOBIK is to rarely and reluctantly, if ever, ban commentators. We are advocates and proponents of free speech. Earlier today (05.30.2013) WOBIK admin was able to ascertain (ip address) that an underhanded comment (now redacted by admin) was submitted, and posted, by one user who used the name of another user in an attempt at defamation. Such underhanded tactics violate policy at WOBIK. The same user also submitted a second underhanded comment which was caught in moderation and not posted. No one is being banned at his point but this is your first, and your last, reprimand.
Link to redacted comment:
http://www.wasobamaborninkenya.com/blog/barrack-obama-eligibility/if-barack-obama-were-a-natural-born-citizen-it-appears-that-the-us-constitution-would-permit-barack-obama-to-serve-a-third-3rd-term-as-us-president/#comment-5448
no.
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
This not only refers to non natural born citizens but also to Presidents whose second term has expired making them constitutionally (we are talking about a constitutional amendment) ineligible to the offices of President and Vice-President of the US.
Greatkim wrote:
What makes you think so? You need to backup your position with facts, references and law.
Lucas Daniel Smith wrote:
no backup needed it’s all in what you reported. The 22nd is an amendment to the Constitution – it is therefore part of the Constitution.
This constitutional amendment makes double term past presidents constitutionally (because of the amended constitution) ineligible.
Or do you believe an amendment not to be part of the amended Constitution ?
Greatkim wrote:
You just like to argue. Even your fellow Obots, (an attorney at the Fogbow) agrees with me on this one.
All that you’ve done in your comment is given your delusional interpretation of the US Constitution. What’s next, are you going to start citing books written by dead Swiss philosophers?
the Fogbow attorney errs. What I wrote suffices.
@ AMERICAN ADVOCATE:
> HOW DO YOU KNOW WHERE obummer WAS BORN ? WERE YOU PRESENT ?
How do you know where GWB was born? Were you present?
@ The Magic M:
Bringing in where GWB was born is a Red Herring and immaterial to the issue over where your Dear Leader was born. It’s a diversionary tactic long employed by Obots kneeling in worship at the Obama Altar and has become old hat. You’ve never established relevancy for using it.
Does the ‘M’ stand for Meathead?
WaPo Op-Ed Urges Letting Obama Run for a Third Term so Senate Will “Fear Him”
FrontPage Magazine
Daniel Greenfield
11/29/2013
Excerpt:
Four more years. 10 trillion more dollars in debt. And by the end of it, we’ll have a nuclear war in the Middle East and mandates forcing you to buy everything from electric cars to Michelle Obama’s trademark Soy and Asphalt pie.
The motives behind the Washington Post op-ed argument are… revealing.
So Zimmerman’s argument is for lifting term limits so that Obama can intimidate Senate Democrats with a third term?
Zimmerman confuses the people with the billionaire donors who stuffed Obama’s pockets full of money twice. I’m sure they will be happy to do it a third time. And Obama will pay them back with more taxpayer money.
We don’t have some sort of pure democracy where voters choose from a blank slate. We have a political establishment which chooses the prospective winner and the people who work for a living don’t always get their way against the special interests who bring their own people like Obama to power.
That would be selectively quoted in the term limits debate. Let’s try quoting the whole paragraph instead.
Elections worked differently in George Washington’s time so he was talking about a somewhat different process. Not one that could lead to an Obama. Though it did nearly lead to Aaron Burr.
Washington was not anticipating direct popular elections of the president. That is why he speaks of bribery and undue influence.
This is the kind of thing they were worried about. Not that a corrupt political hack would give away and accept bribes like crazy to sections of the common people and to wealthy men.
………………………………
View the complete article at:
http://www.frontpagemag.com/2013/dgreenfield/wapo-op-ed-urges-letting-obama-run-for-a-third-term-so-senate-will-fear-him/
WOW just what I was looking for. Came here
by searching for british protectorate of kenya
Lucas,
The above comment by ‘comment gagner de l’argent’ resembles ‘SPAM’ but it is appears to be interesting spam at least.
The link included in the commenter’s name leads to a site that is in French. I did some Google translating and believe the link included on the referenced webpage leads to a ‘BINARY OPTIONS’ site.
I don’t know if the site is a SCAM or a legitimate ‘Binary Options’ site.
Regardless, the game being promoted, like Roulette, is a LOSING LONG TERM STRATEGY for the player. This is because the odds of winning are stacked in favor of the house, even if it is a legitimate gambling site.
Of course, if the referenced site is a SCAM, the player does not have even a remote chance of realizing a profit
Bruce wrote:
I agree, it is indeed an interesting spam comment.
Pingback: The new Constitution (June, 2015) allows the President to opt for an additional reelection bid | WAS OBAMA BORN IN KENYA