We also believe that the Twentieth Amendment to the Constitution grants a right and duty to Members of Congress to assess the “qualifications” of the President Elect between the election, November 4, 2008 and Inauguration Day on January 20, 2008:
The applicable section of U.S. Code titled “Presidential Elections and Vacancies”, 3 U.S.C. 15, directs Congress in session on January 9, 2009 to open, count and record the electoral votes, then present the results to the President of the Senate, who shall then “announce the state of the vote.” Id. The statute provides a mechanism for objections then to be registered and resolved that include the qualifications of those elected to serve in the office of President. The Twentieth Amendment further provides, “if the President elect shall have failed to qualify, then the Vice-President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice-President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be elected, and such person shall act accordingly until a President or Vice-President shall have qualified.” If Objections are filed, Congress has the authority to subpoena birth records or other documents related to the qualifications of the President-elect, doing so will require the concurrence of the Democrats, who have an obvious conflict of interest in re-examining this question, and without them, the Republicans have no such ability on their own.
Philip Berg’s website reports that the Supreme Court of the United States has set his petition contesting the election in Pennsylvania for a conference on January 9, 2008. There has been no ruling yet on the Lightfoot v. Bowen case from California. Although the Court has rejected other petitions from New Jersey and Connecticut, well over 100 electoral votes were challenged in these cases. They may all come to a head for a final resolution on January 9, 2008.
If Congressmen are interested in moving forward in the Courts, a lawsuit asking for a Court Order compelling production of the “long form” Obama birth certificate can be filed with the Hawaiian Supreme Court immediately. With a direct appeal to the Supreme Court of the United States, such a lawsuit might provide a vehicle for obtaining information that might not otherwise be available for the Supreme Court deliberations and the Congressional vote on January 9, 2008.