Tag Archives: Constitution

Joe Biden Misses Opportunity for Another ‘Big F—in Deal’

EDITOR’S NOTE: Below is a guest post by Paul R. Hollrah, a resident of Oklahoma who writes from the perspective of a veteran conservative politico and retired corporate government relations executive whose life experience includes having served two terms as a member of the Electoral College. Even if you disagree with him, this piece will make you think long and hard.

On Friday evening, the Fox News Channel interrupted regular programming for a short newsbreak. In one of the news briefs, the Fox reporter announced that Barack Obama had arrived in Kenya, “his ancestral home,” where he would be reunited with family relatives… uncles, aunts, cousins, etc.

In that brief announcement, Fox News… and I assume every other major network… overlooked what was potentially one of the biggest news stories of the year. For the first time since March 30, 1981, when John Hinckley, Jr. attempted to assassinate Ronald Reagan outside the Washington Hilton Hotel, the reliance on Section 3 of the 25th Amendment was an absolute necessity.

President Barack Obama delivers a health care address to a joint session of Congress at the U.S. Capitol in Washington, D.C., Sept. 9, 2009. (Official White House Photo by Pete Souza)

President Barack Obama delivers a health care address to a joint session of Congress at the U.S. Capitol in Washington, D.C., Sept. 9, 2009. (Official White House Photo by Pete Souza)

Section 3 of the 25th Amendment reads as follows:

“Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.”

The basis for the applicability of the 25th Amendment during Obama’s recent visit to Kenya is contained in official regulations of the Consular Affairs Division of the U.S. Department of State, which read as follows:

“The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice…

“The U.S. Government recognizes that dual nationality exists but does not encourage it… because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law… However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries (emphasis added).

Chapter VI, Section 87(3), Subsection 1 of the 1963 Kenyan Constitution provided as follows:

“Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies (Barack Obama, Sr,)… shall become a citizen of Kenya on 12th December 1963. Provided that a person shall not become a citizen of Kenya by virtue of this subsection if neither of his parents was born in Kenya. (Both of Obama’s paternal grandparents were born in Kenya.)

Subsection 2 of Chapter VI, Section 87(3) provided as follows:

“Every person who, having been born outside Kenya, is on 11th December, 1963, a citizen of the United Kingdom and Colonies shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.”

In other words, on Dec. 12, 1963, through automatic operation of Kenyan law, Barack Obama acquired dual U.S.-Kenyan citizenship. Obama did not actively seek dual US-Kenyan citizenship; it was his by “automatic operation” of Kenyan law and “by descent” from his Kenyan father and his American mother. And since there is no known evidence that Obama ever took steps to renounce his American citizenship in favor of Kenyan citizenship, he automatically lost his Kenyan citizenship under provisions of Chapter VI, Section 97(1) of the Kenyan constitution on Aug. 4, 1984, his twenty-third birthday.

However, that was not the end of Obama’s official ties with Kenya, the country of his father’s birth. During fiscal year 2010, the Obama administration spent some $24 million in USAID funds in Kenya in support of a “yes” vote on a new Kenyan Constitution. Chapter 3, Section 14 of the 2010 constitution provides as follows:

A person is a citizen (of Kenya) by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen (of Kenya).

That constitution, adopted Aug. 4, 2010 (Obama’s 49th birthday) reinstates him as a citizen of Kenya “by birth.” It also puts to rest forever the question of whether or not Obama currently holds dual U.S.-Kenyan citizenship.

What interest Obama may have had in the outcome of the Kenyan constitutional referendum… a level of interest that would cause him to spend some $24 million of U.S. taxpayer funds in support of a “yes” vote… remains to be seen. He has chosen not to enlighten us on that subject. However, given the fact that he became a “citizen of Kenya by birth” upon ratification of the 2010 constitution, and given the fact that the rules of the U.S. State Department require him to obey the laws of Kenya anytime he visits that country, we are faced with the rather knotty question of whether or not he can serve as president of the United States while on Kenyan soil. Further, is it even possible to simultaneously obey the laws of two countries?

I would suggest that Obama’s ability to serve as president of the United States while on Kenyan soil is highly problematic and could have been resolved by invoking Section 3 of the 25th Amendment, making Joe Biden Acting President during the two days of Obama’s stay in Kenya. It is a question that should keep legal scholars awake at night.

Biden may on occasion slip into the Oval Office when Obama is on the golf course, just to sit in the big leather chair behind the Resolute Desk. Regardless, Obama’s trip to Kenya was Biden’s big chance to go down in history as one of only two men, along with George H.W. Bush, who have served as Acting President of the United States. Unfortunately, Obama’s desire not to contribute to the question of his own constitutional eligibility blew Biden’s big moment.

The mainstream media and Washington politicians may not think it’s anything to worry about, but I disagree. To quote Biden, himself, “This is a big f _ _ _ ing deal.”

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Former Electoral College Member Believes Nation at ‘Tipping Point’ Following Supreme Court Marriage Decision

EDITOR’S NOTE: Below is a guest post by Paul R. Hollrah, a resident of Oklahoma who writes from the perspective of a veteran conservative politico and retired corporate government relations executive whose life experience includes having served two terms as a member of the Electoral College. Even if you disagree with him, this piece will make you think long and hard.

Click on image above to read decision (PDF).

Click on image above to read decision (PDF).

On June 26, the United States Supreme Court, in a 5-4 split decision, declared that the institution of marriage is not limited to individuals of opposite genders… one man and one woman. Five of the nine justices found a way to conclude that the Constitution guarantees a right to marriage between same-sex couples. “No longer may this liberty be denied,” Justice Anthony M. Kennedy wrote in the majority opinion. “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were.” His words were more appropriate to a lonely hearts club newsletter than to a U.S. Supreme Court decision.

In a dissenting opinion, Chief Justice John Roberts wrote that the Constitution has nothing to say on the subject of same-sex marriage. He wrote, “If you are among the many Americans… of whatever sexual orientation… who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it.”

It didn’t take long for the states to make their feelings known. Texas Attorney General Ken Paxton referred to the decision as “a judge-based edict that is not based in the law.” Paxton cited the 1973 abortion decision, Roe V. Wade, as another example of how the U.S. Constitution “can be molded to mean anything by unelected judges.” He went on to say, “But no court, no law, no rule, and no words will change the simple truth that marriage is the union of one man and one woman. Nothing will change the importance of a mother and a father to the raising of a child. And nothing will change our collective resolve that all Americans should be able to exercise their faith in their daily lives without infringement and harassment.”

And now that the Supreme Court has placed their stamp of approval on same-sex marriage, we find that liberals and Democrats are reaching beyond that decision to find ways of making us “swallow” other items on the gay lobby’s agenda. For example, Congresswoman Lois Capps (D-Calif.) has introduced the Amend the Code for Marriage Equality Act of 2015, requiring that the terms “husband” and “wife” be stricken from federal law because she feels they are patently “anti-gay.” She would prefer to see those terms replaced with more “gender-neutral” terms such as “spouse” or “married couple.”

Via crowdfunding, supporters of Melissa and Aaron Klein at Sweet Cakes by Melissa Bakery raised more than $390,000 after the couple were fined $135,000 for refusing to bake a cake for a same-sex wedding.

Via crowdfunding, supporters of Melissa and Aaron Klein at Sweet Cakes by Melissa Bakery raised more than $390,000
after the couple were fined $135,000 for refusing to bake a cake for a same-sex wedding.

In Portland, Ore.,, Aaron and Melissa Klein, owners and operators of the Sweet Cakes by Melissa Bakery, have been ordered by the Oregon Bureau of Labor & Industry (OBLI) to pay $135,000 in damages to Rachel Cryer, and her wife-to-be, Laurel Bowman. The dispute arose last year when Cryer and Bowman asked the Kleins to bake a cake for their upcoming same-sex wedding. And when the Kleins declined, saying that to make a wedding cake for the event would represent a violation of their religious beliefs, Cryer and Bowman filed a complaint with the State of Oregon. In their ruling, the OBLI found that “the bakery is not a religious institution under the law and that the business’ policy of refusing to make same-sex wedding cakes represents unlawful discrimination based on sexual orientation.”

Any thoughtful person must conclude that the same-sex marriage decision of the U.S. Supreme Court has brought the nation to a “tipping point.” It has brought us to the point where the alternatives available to We the People… alternatives that were once thought to be only remote possibilities… are now realities, staring us directly in the face. The alternatives are, in order of preference, a) massive civil disobedience, b) widespread 10th Amendment nullification by states and local communities, and finally, c) dissolution of the Union, otherwise known as secession… by far the most draconian of the three alternatives.

What five Supreme Court justices, Barack Obama, liberal Democrats, gays and lesbians apparently fail to understand is that they have forced the country so far to the radical left that they may have finally reawakened a “sleeping giant,” once known as the “silent majority.”

Already, black pastors across the country have announced that, instead of being forced to marry same-sex couples, they will engage in massive civil disobedience. The vast majority of those pastors are men and women who have always urged their parishioners to support the Democrat Party and its candidates. The Obama Administration, under Attorneys General Eric Holder and Loretta Lynch, have been highly selective in which laws they enforce and which they prefer to ignore. If the Obama administration decides that they will side with the LGBT wing of the Democratic Party, will black pastors across the country sit idly by as their colleagues are arrested and hauled off to jail?

In her new book, ¡Adios America!, Ann Coulter reminds us that Democrats have not been able to win a majority of the white vote in presidential elections since 1948. It is a trend that had been developing for many decades and there is little doubt that it is the unstated purpose behind the existence of the Immigration Reform Act of 1965. As Democratic strategist Patrick Reddy is quoted as saying in a 1998 Roper Center report, “The 1965 Immigration Reform Act promoted by President Kennedy, drafted by Attorney General Robert Kennedy, and pushed through the Senate by Ted Kennedy, has resulted in a wave of immigration from the Third World that should shift the nation in a more liberal direction within a decade. It will go down (in history) as the Kennedy family’s greatest gift to the Democratic Party.”

In other words, what the Democrats have done methodically over the past 50 years is to import the votes that they were unable to attract among traditional working-class European-Americans. And now that they are importing millions of new voters from Mexico and Central America, and hundreds of thousands of Muslims from the Middle East, North Africa, and the Horn of Africa, apparently under the theory that they will be “eaten last,” one has to seriously wonder how many years we have left as the home of capitalism and the freest nation on Earth.

To be elected president or vice president of the United States requires a total of at least 270 votes in the Electoral College. Through the strategic spending of other people’s money, especially among minorities in the major urban areas of the East Coast, the West Coast, and the Upper Midwest, Democrats have fashioned an electoral map that gives them a relatively firm base of 22 states with a combined total of 257 of the needed 270 electoral votes.

Republicans, on the other hand, have a firm base of 23 states with a combined total of 191 electoral votes. That leaves a total of 6 swing states… Colorado, Florida, Iowa, North Carolina, Ohio, and Virginia… with a combined total of 90 electoral votes. In order for a Republican to win in 2016, and beyond, he/she must carry all 23 of the solid Republican states, plus all six of the swing states. They could afford to lose either Colorado’s 9 electoral votes or Iowa’s 6 electoral votes, but not all 15. To lose both Colorado and Iowa, while carrying Florida, Ohio, North Carolina, and Virginia would leave them with a total of just 266 electoral votes, four short of an electoral majority.

That analysis brings into sharp focus just how close we are to sliding over the “tipping point” into the dustbin of world history.

The Founding Fathers could not have envisioned a time when the American people would elect a totally incompetent and constitutionally ineligible man, a dual citizen of the United States and Kenya, to two consecutive terms in the White House, followed immediately by the first female president who also happens to be, if not the most corrupt, one of the most corrupt political figures in U.S. history.

But still, there are positive signs of life in the body politic:

  • The decision by black pastors to engage in massive civil disobedience.
  • The numerous lawsuits by states against oppressive federal government rulings.
  • The decisions by a growing number of states to allow military recruiters to be armed.
  • The growing number of states that have engaged in 10th Amendment nullification.
  • The growing number of states that have joined the Article V Convention movement.

But, in the end, should all else fail, there is still the alternative of secession. The 25 states of Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming would make one helluva fine country… a country with secure borders, a second-to-none military, the world’s most productive economy, and long term energy independence.

I’m sure we would also allow the states of Colorado, Iowa and Ohio to join us if only they would agree to behave themselves and to make life inside their borders unbearable for liberals, radical Muslims, illegal aliens, and other undesirables. The bottom line is this: we no longer have a margin for error. If we wish to have a long term future as a constitutional republic we cannot afford to elect another Democrat to the Oval Office in 2016. We are at the tipping point of our nation’s history and one more misstep could easily send us off to political oblivion.

To borrow a phrase from the National Highway Traffic Safety Administration, the national motto for 2016 must be, “Friends don’t allow friends to vote Democratic!”

For links to other articles of interest as well as photos and commentary, join me on Facebook and Twitter.  Please show your support by buying my books and encouraging your friends and loved ones to do the same.  To learn how to order signed copies, click here. Thanks in advance!

Click on image above to order Bob's books.

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