Are the Electoral College’s Votes Valid? Part I | by Sharon Rondeau | @ ThePostEmail.com
(Dec. 22, 2020) — On Sunday, the U.S. Allegiance Institute (USAI) posted an eight-page letter urging Congress to file objections to the Electoral College votes to be submitted to Vice President Mike Pence on January 6, 2021, when both congressional chambers meet to count the votes for president and vice president on December 14 at state capitals around the country.
Equally important to consider and debate, the letter states, is the question as to whether or not the candidates “elected” by the members of the Electoral College “qualify” for the offices they seek under the 12th and 20th Amendments.
The 117th Congress will be sworn in on January 3. All “certificates” emanating from the Electoral College are due on December 23 at the offices of the vice president; each secretary of state; the national archivist; and all federal district judges where electoral votes were cast.
“On January 6, 2021, you will be asked to approve the Electoral College votes cast for former Vice President Joe Biden and Senator Kamala Harris and declare the winners of the presidential and vice-presidential election,” the letter begins. “We urge that on that day you count all the constitutionally cast Electoral College votes and object in writing to any which have been cast in violation of the Constitution and federal and state law.”
The USAI encourages all American citizens to send the letter to their U.S. representatives and senators, a point Apuzzo emphasized in an interview with The Post & Email Monday evening.
“The Constitution commands how you are to count all the Electoral College votes,” the letter continues. “You have solid ground on which to stand in making your objection. The first ground is tied to an illegal popular vote occurring in an offending state. The second ground is Senator Kamala Harris not being an Article II ‘natural born Citizen.’”
In 2008, Apuzzo represented CDR Charles F. Kerchner, Jr. (Ret) and three other plaintiffs in a lawsuit naming as defendants Barack Hussein Obama, II, then designated as “President Elect”; Congress and then-Vice President Richard B. Cheney, claiming Obama did not qualify as a “natural born Citizen” as required by Article II, Section 1, clause 5 of the U.S. Constitution to serve as president.
Obama’s claimed father was not a United States citizen when his son, Barack Hussein Obama II, was born, allegedly in Honolulu, HI on August 4, 1961. While Kerchner eventually reached the U.S. Supreme Court, it never received a hearing.
In a 2011 essay on the subject, Apuzzo wrote:
When determining whether a child born in the U.S. is an Article II “natural born Citizen,” the question is not whether the parents of the child are foreign born. Rather, the question is whether they are “citizens of the United States” at the time of the child’s birth in the United States. In Minor v. Happersett, 88 U.S. 162, 167-68 (1875), our U.S. Supreme Court, providing the same definition of a “natural born citizen” as did Emer de Vattel in his The Law of Nations, Section 212 (1758), but without citing Vattel, and not in any way referring to the English common law, stated:
“The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient, for everything we have now to consider, that all children, born of citizen parents within the jurisdiction, are themselves citizens.”
Id., 169 U.S. at 679-80. So as we can see, the Supreme Court told us that a “natural born citizen” is a child born in the country to citizen parents. See also, U.S. v. Wong Kim Ark, 169 U.S. 649, 708 (1898) (distinguished between a “natural born Citizen” and a “citizen of the United States” and cited Vattel and quoted his definition of “natural born Citizen” as did Minor v. Happersett but relied on the English common law to define a born “citizen of the United States” under the 14th Amendment).
Harris was born in Oakland, CA in 1964 to non-citizens Shyamala Gopalan, a citizen of India present in the United States on an extended student visa; and Donald J. Harris, who had also arrived in the U.S. on a student visa from his birth country of Jamaica. At the time of Kamala’s birth, neither parent had resided in the U.S. the required five years to apply for permanent residency or citizenship. … continue reading at: https://www.thepostemail.com/2020/12/22/are-the-electoral-colleges-votes-valid-part-i/
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CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA