Tuesday, April 19, 2011

Comment on Hot Air:
Jan Brewer vetoes Arizona’s “Birther bill”

Jan Brewer vetoes Arizona’s “Birther bill” « Hot Air

Agreed that the full faith and credit clause means that a state has to accept the validity of a document but does that mean that each state gets to decide what documents to share? If Hawaii has a "long form" then Arizona must respect it, on that we all agree. If Hawaii refuses to share the document that it has or declines to share the records available then why should Arizona have to accept an inferior substitute? If this was a murder trial and Arizona requested that a suspect be delivered by extradition for trial would it be sufficient for Hawaii to deliver a letter stating that they had examined the subject and determined the innocence of the party?

I am not a Birther and think that there are more likely grounds to challenge Obama's status as a natural born citizen based on his possibly having traveled on a foreign passport after his 18th birthday or having claimed foreign nationality on his school applications or financial aid forms.

We have now identified a serious hole in our constitutional system that will be exploited in the future even if Obama had not done anything wrong. My suggestion is that 120 days prior to the meeting of the Electoral College each state submit a list of 5 names for each office, President and Vice President, with supporting documentation as they deem sufficient, to the Supreme Court. If there are any questions the Chief Justice may request additional documentation. The Chief Justice should no later than 60 days before the Electoral College assembles send a certification to the Speaker of the House and the President of the Senate (the current VP) listing all qualified candidates and noting those who had been disqualified and the grounds for such action. The Congress should then promulgate that list, and may restore names to it if they so choose, in time for the State Legislatures to consult with the will of the people and then select the Electors.

Remember that the popular vote is only an opinion poll and all that is needed is to ensure that certified candidates names appear. The vote for the Electors happens within the State Legislatures.

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