It Is Sufficient If Only One House of Congress Objects to the Electoral College Vote on January 6, 2021 To Compel The House of Representatives To Vote For The President of The United States

It Is Sufficient If Only One House of Congress Objects to the Electoral College Vote on January 6, 2021 To Compel The House of Representatives To Vote For The President of The United States

Mario Apuzzo, Esq

By: Mario Apuzzo, Esq. | @ puzo1.blogspot.com

(Dec 30th, 2020) — The question is whether both Houses of Congress need to reject a state’s Electoral College vote for an objection made during the joint session of Congress on January 6, 2021 to prevail.  As explained below, both Houses of Congress do not have to agree to reject a state’s Electoral College votes for those votes to be voided. 

There are five scenarios under Section 15 of the Electoral Count Act of 1887(3 U.S.C. § 1 et. seq.) (“ECA”) for counting and resolving Electoral College votes disputes in the joint session of Congress.  Scenarios 1 through 4 deal with cases in which both Houses either agree or disagree to the regularity of the votes.  Scenario 1 is the only case in which Congress receives just one Electoral College return and both Houses must agree to reject the vote.  Scenario 5 is the only one of the five scenarios in which the two Houses disagree, but it only applies when Congress receives competing electoral returns (one state submits to Congress more than one Electoral College vote return).  With such disagreement, it provides that the stalemate between the Houses shall be broken by Congress having to accept the electoral votes which a state’s executive (Governor) shall have certified. Hence, under Section 15, one could argue that Scenario 5, which allows for a case in which both Houses disagree, only applies if Congress receives official competing electoral returns and that if it receives only one such return then the two Houses must under Scenario 1 both agree to reject that vote.  As explained below, Congress in joint session is not shackled by Section 15 because Section 15 is unconstitutional and even if constitutional, it does not apply to a case of a corrupt underlying popular vote. 

Again, there are five scenarios for resolution under Section 15 of the ECA.  Scenarios 1 through 4 deal with cases in which both Houses either agree or disagree to the regularity of the votes.  Scenario 5 provides: 

“(5) But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted.”

Scenario 1 only deals with cases in which there is only one return of a state’s electoral votes.  It says that the votes must be counted unless both Houses reject the vote. So here we have both Houses agreeing with each other to reject the vote. Implicit is the case in which both Houses agree to accept the vote either with no objection by any Senator or Representative or with voting to accept the electoral votes after an objection. In both cases, the Houses are agreeing with each other.       

Scenario 2 through 5 deal with cases in with there is more than one return of a state’s electoral votes. Scenario 2 is applicable only if there was a “safe harbor” determination by a state’s “judicial or other methods or procedures.” Scenario 3 only applies if there is a dispute as to what state authority is the legal authority to appoint the electors and “the lawful tribunal of such State” decides the matter.  But again, both Houses must agree on that decision. Scenario 4 only applies if there is no “safe harbor” relief as to which of two electoral vote returns are the valid ones.  Again, both Houses must either agree to accept or reject a return. Scenario 5 is the only one of the five scenarios in which the two Houses disagree. With such disagreement, it provides that the stalemate between the Houses shall be broken by Congress having to accept that slate of electors which a state’s executive (Governor) shall have certified.

So, Scenario 1 through 4 of Section 15 of the Electoral Count Act only apply if both Houses of Congress agree, either to accept or reject any state’s electoral votes.  They do not apply if both Houses of Congress disagree with each other.  What applies in that case is Scenario 5.  Scenario 5 is the only one in which the ECA includes the possibility of both Houses disagreeing on how which of the competing electoral returns are to be counted.  But we cannot use Scenario 5 if Congress received only one Electoral College vote return from a state.  Furthermore, the provision purports to resolve the dispute between the Houses through the governor’s certification. Seven contested states, Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania, and Wisconsin all sent competing electoral returns to Congress. No governor of any of those states has certified the Republican returns.  Hence, Congress can easily just ignore those competing Republican returns and treat each such state as having provided just one electoral return. 

Notwithstanding this statutory structure, in a case in which Congress only received one state’s official electoral return, both Houses of Congress do not have to agree to reject that state’s Electoral College votes for those votes to be voided. First, it is doubtful that Section 15 of the ECA is constitutional.  Simply, Congress cannot substantively amend the Constitution with a statute.  Congress amended Article II, Section 1 with the Twelfth Amendment because it saw the original Constitution as having not provided for a substantive election problem.  If Congress wanted to substantively change the Twelfth Amendment, again for failure of the Constitution to have provided a solution to a certain problem, it had to do so with another amendment as it did through the Twentieth Amendment. Congress cannot just carve out pieces of the Twelfth Amendment and then change them with a statute such as Section 15 of the ECA. The necessary and proper clause of Article I, Section 8, Clause 18 of the Constitution does not apply here to save Section 15. …

… continue reading this constitutional legal analysis by Attorney Apuzzo at: https://puzo1.blogspot.com/2020/12/it-is-sufficient-if-only-one-house-of.html

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CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists http://www.kerchner.com/protectourliberty/naturalborncitizen/TheWhoWhatWhenWhereWhyandHowofNBC-WhitePaper.pdf

Virginia Lawsuit Seeks Court Judgment on Election Officer’s Vetting of Kamala Harris

“DID THEY DO IT OR NOT?”

by Sharon Rondeau @ ThePostEmail.com

(Oct. 8, 2020) — On September 28, the organization Rural & Red Political Action Committee (PAC) of Clarksville, VA filed a “Complaint for Declaratory Judgment” in the Mecklenburg County, VA Circuit Court naming Chairman of the Virginia State Board of Elections Robert H. Brink, Esq. as defendant as to the question of whether or not he properly vetted Democratic vice-presidential candidate Kamala Harris’s constitutional eligibility to serve in that capacity should she and running-mate Joseph R. Biden win the November 3 election.

Article II, Section 1, clause 5 of the U.S. Constitution requires that the president and commander-in-chief be a “natural born Citizen,” and the 12th Amendment mandates that a vice-presidential candidate meet all of the requirements for president.

Rural & Red President Harold Gielow, a 22-year Marine veteran, writer and non-lawyer, is listed on the case as “Plaintiff 2” and will be presenting his argument unassisted, he told us in an interview on Wednesday.  When we asked him his reason for launching the lawsuit, he replied, “I served as a United States Marine officer for 22 years and I swore to uphold and defend the Constitution of the United States, foreign and domestic, for 22 years, and I took it seriously, and I believe our Constitution is being trampled.” … continue reading at: https://www.thepostemail.com/2020/10/08/virginia-lawsuit-seeks-court-judgment-on-election-officers-vetting-of-kamala-harris/

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CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists

P.S. Also read the following essays regarding the presidential eligibility term “natural born Citizen” in Article II of the U.S. Constitution:

1. A chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.

2. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.

3. The constitutional term “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. “Natural born Citizens” are a subset of “born Citizens (citizens at birth)”. Adjectives mean something. All “natural born Citizens” are “born Citizens (citizens at birth) but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/

4. A Euler Diagram which logically shows the kinds of U.S. Citizens and their set and subset relationships: https://cdrkerchner.wordpress.com/2018/06/16/natural-born-citizen/

5. The “Three Legged Stool Test” for being a Natural Born Citizen: https://cdrkerchner.wordpress.com/2013/11/15/the-three-legged-stool-test-analogy-for-natural-born-citizenship-of-the-united-states-to-constitutional-standards/

6. Article II Presidential Eligibility Facts: http://www.art2superpac.com/issues.html or https://www.scribd.com/document/161994312/Article-II-Presidential-Eligibility-Facts

7. Watch these videos (Parts I and II) by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8 and http://www.youtube.com/watch?v=xoaZ8WextxQ

8. Read, download, and print a PDF copy of this White Paper by CDR Charles Kerchner (Ret) about the “natural born Citizen” term and presidential eligibility clause in Article II of our U.S. Constitution here: http://www.kerchner.com/protectourliberty/The-Who-What-When-Where-Why-and-How-of-NBC-Term-in-Constitution.pdf

Kamala Harris Owes Homage and Allegiance to Queen of Jamaica

Elizabeth II — Queen of Jamaica/England – Under the Jamaican Constitution Queen Elizabeth II is Queen of Jamaica and Kamala Harris’ Sovereign.

Kamala Harris - Jamaican Citizen
Kamala Harris – Jamaican Citizen at Birth via Her Jamaican Citizen Foreign National Father. She was born a dual-Citizen. She is Not a “natural born Citizen” of the USA.

As a Citizen of Jamaica at Birth via Her Jamaican Citizen Foreign National Father, Kamala Harris Owes Homage and Allegiance to the Queen of Jamaica/England

As a person born with dual allegiance, foreign influence, and dual-citizenship – Kamala Harris is thus NOT a “natural born Citizen” of the United States.  A “natural born Citizen” of the United States is a person born with sole allegiance at birth to the USA and only the USA, a person born in the USA to parents who were both Citizens (born or naturalized) at the time of their child’s birth in the USA.

For more about Kamala Harris being a Jamaican Citizenship at Birth per the Constitution of Jamaica, Chapter 2, Section 3C, see this link:  https://cdrkerchner.wordpress.com/2020/08/10/is-kamala-harris-eligible-to-be-joe-bidens-vp-by-gary-wilmott-americanthinker/ … and …  https://cdrkerchner.wordpress.com/2020/07/23/u-s-senator-kamala-harris-is-not-a-natural-born-citizen-of-usa-not-eligible-to-be-president-and-cinc-or-vp/

Queen_Elizabeth_II
Queen Elizabeth II – Queen of Jamaica

The Queen of England is also the Queen of Jamaica. See: https://en.wikipedia.org/wiki/Monarchy_of_Jamaica

Kamala Harris as a Jamaican Citizen at birth owes “homage” and allegiance to her Sovereign, the Queen of Jamaica, the Queen of England. Any claim to U.S. citizenship by her birth in California in 1964 to two non-U.S. Citizen (foreign national) parents in the USA on temporary VISA’s does not dissolve or abrogate or remove her required allegiance and homage owed at birth to Jamaica and the Queen of Jamaica, the Queen of England. She was born a dual-Citizen with divided allegiance and foreign influence on her at birth. She is not a “natural born Citizen” of the United States and thus constitutionally not eligible to serve as President and Commander in Chief, or to serve as the VP per the 12th Amendment (last line).

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists

P.S. Also read the following essays regarding the presidential eligibility term “natural born Citizen” in Article II of the U.S. Constitution:

1. A chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.

2. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.

3. The constitutional term “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. “Natural born Citizens” are a subset of “born Citizens (citizens at birth)”. Adjectives mean something. All “natural born Citizens” are “born Citizens (citizens at birth) but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/

4. A Euler Diagram which logically shows the kinds of U.S. Citizens and their set and subset relationships: https://cdrkerchner.wordpress.com/2018/06/16/natural-born-citizen/

5. The “Three Legged Stool Test” for being a Natural Born Citizen: https://cdrkerchner.wordpress.com/2013/11/15/the-three-legged-stool-test-analogy-for-natural-born-citizenship-of-the-united-states-to-constitutional-standards/

6. Article II Presidential Eligibility Facts: http://www.art2superpac.com/issues.html or https://www.scribd.com/document/161994312/Article-II-Presidential-Eligibility-Facts

7. Watch these videos (Parts I and II) by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8 and http://www.youtube.com/watch?v=xoaZ8WextxQ

8. Read, download, and print a PDF copy of this White Paper by CDR Charles Kerchner (Ret) about the “natural born Citizen” term and presidential eligibility clause in Article II of our U.S. Constitution here: http://www.kerchner.com/protectourliberty/The-Who-What-When-Where-Why-and-How-of-NBC-Term-in-Constitution.pdf

Attorney Mario Apuzzo Discussed the Natural Born Citizen Issue of Kamala Harris on ‘Handling the Truth’ BlogTalkRadio Thursday 20 Aug 2020 at 8 P.M. EDT

Attorney Mario Apuzzo, an attorney who is an expert on citizenship issues,  discussed the “natural born Citizen” issue of Kamala Harris on the ‘Handling the Truth’ BlogTalkRadio Show on Thursday 20 Aug 2020 at 8 P.M. EDT with show hosts Terry Dodd and Mike Gaddy.  Tune in live or listen to it on podcast at:  https://www.blogtalkradio.com/drkatesrevolutionradio/2020/08/21/handling-the-truth-with-rebel-madman-tenacity

Kamala Harris - Jamaican CitizenKamala Harris was born a  Jamaican Citizen at Birth via her foreign national Jamaican citizen father who was sojourning in the USA on a temporary VISA. She also had a citizen of India mother who was also sojourning in the USA on a temporary VISA. Her mother divorced her father and the mother moved to Canada with Kamala while Kamala was very young. Canada is where Kamala grew up during her crucial formative years. It is not known if Kamala’s mother and or Kamala by derivation gained Canadian citizenship while in Canada. Another question Kamala needs to be asked.

Both her parents were in the USA on temporary VISA’s and neither were permanent residents or citizens of the USA. Kamala was thus born with dual-Citizenship and divided and multiple attendant allegiance requirements to two countries at birth. She is a classic “citizen of the world” in her upbringing and views and does not have allegiance by birth solely and only to the USA. She was born with foreign influence and allegiance requirements to Jamaica on her by birth. She could go to the Jamaican entry and get a Jamaican at birth passport, if she does not already have one. That’s a question she should be asked. Do you have now or did you ever have in the past a Jamaican passport.?

The presidential eligibility clause and 12th Amendment (last line) in our U.S. Constitution is to be a strong check against persons born with foreign influence gaining control of our highest elected offices and becoming the Commander in Chief of our military, either via the front door or the VP back door.

The guest for this show will be Attorney Mario Apuzzo, a battle-hardened warrior for the constitution who has been on the front lines of the “natural born Citizen” controversy for well over a decade.  The show discussion will seek definitive answers tonight on the eligibility question to serve as President and Vice President of these united States and will discuss the lack of constitutional eligibility of Senator Kamala Harris to serve in the office of Vice President of the United States.

Please tune in and listen, call in to the show to express your concerns and give your opinions. The call-in number is: 347-838-9176. You can then listen to the show or press the number 1 after your call is answered if you wish to get on the air to ask a question. Link to the show: https://www.blogtalkradio.com/drkatesrevolutionradio/2020/08/21/handling-the-truth-with-rebel-madman-tenacity

kamala-harris-fails-three-legged-stool-test-for-natural-born-citizen-5For pre-show information about Kamala Harris being a Jamaican Citizenship at Birth per the Constitution of Jamaica, Chapter 2, Section 3C,  and that she is not a “natural born Citizen” of the United States, see these links: .. http://www.kerchner.com/protectourliberty/Kamala-Harris-Jamaican-Citizen-at-Birth.pdf … and … https://cdrkerchner.wordpress.com/2020/07/23/u-s-senator-kamala-harris-is-not-a-natural-born-citizen-of-usa-not-eligible-to-be-president-and-cinc-or-vp/ … and … https://cdrkerchner.wordpress.com/2020/08/10/is-kamala-harris-eligible-to-be-joe-bidens-vp-by-gary-wilmott-americanthinker/ … and … http://puzo1.blogspot.com

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CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists

P.S. Also read the following essays regarding the presidential eligibility term “natural born Citizen” in Article II of the U.S. Constitution:

1. A chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.

2. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.

3. The constitutional term “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. “Natural born Citizens” are a subset of “born Citizens (citizens at birth)”. Adjectives mean something. All “natural born Citizens” are “born Citizens (citizens at birth) but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/

4. A Euler Diagram which logically shows the kinds of U.S. Citizens and their set and subset relationships: https://cdrkerchner.wordpress.com/2018/06/16/natural-born-citizen/

5. The “Three Legged Stool Test” for being a Natural Born Citizen: https://cdrkerchner.wordpress.com/2013/11/15/the-three-legged-stool-test-analogy-for-natural-born-citizenship-of-the-united-states-to-constitutional-standards/

6. Article II Presidential Eligibility Facts: http://www.art2superpac.com/issues.html or https://www.scribd.com/document/161994312/Article-II-Presidential-Eligibility-Facts

7. Watch these videos (Parts I and II) by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8 and http://www.youtube.com/watch?v=xoaZ8WextxQ

8. Read, download, and print a PDF copy of this White Paper by CDR Charles Kerchner (Ret) about the “natural born Citizen” term and presidential eligibility clause in Article II of our U.S. Constitution here: http://www.kerchner.com/protectourliberty/The-Who-What-When-Where-Why-and-How-of-NBC-Term-in-Constitution.pdf