OBAMA 2012 BALLOT CHALLENGE IN GEORGIA

BARACK HUSSEIN OBAMA II ELIGIBILITY CHALLENGED IN GEORGIA

FOR 2012 PRESIDENTIAL PREFERENCE PRIMARY

Sent: Monday, November 28, 2011 11:59 PM
Subject: Formal Complaint

Dear Mr. Kemp,

As the Secretary of State for the Great State of Georgia in accordance with the

Constitution of the State of Georgia; you had to qualify for the position you now hold.

For the record I will respectfully remind you it can be found in the State Constitution:

Georgia State Constitution  Article V, Section III, Paragraph II

Qualifications. (a) No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or appointment and shall have attained the age of 25 years by the date of assuming office.

And just as you had to qualify for office before you could be elected, so too does the President of the United States.  The qualifications for the Office of the President of the United States are in Article II of the U.S. Constitution:

U.S. Constitution  Article II, Section I, Clause V

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

As the Chief Elections Official for the State of Georgia it is your responsibility to supervise the elections process and guarantee the sanctity of the ballot.

In order to assure that you comply with this responsibility, the Georgia State Constitution stipulates that you had to take an oath to faithfully discharge your duties.

And might I also respectfully remind you that the United States Constitution, which is the law of the land; affirms that you are bound by that oath to support the U.S. Constitution:

U.S. Const. Article 6 Clause 3

Clause 3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Nowhere in the Constitution does it grant you the discretion to pick and choose which parts to uphold and which parts to ignore.

I would like to refer to a statement by The Honorable Sean Jerguson, Georgia Representative Dist. 22:

 “I think we can all agree that we are a nation of laws, and we are governed by a nation of laws, and those laws are based on a framework and a foundation called the Constitution.”

Mr. Kemp, you are duty bound to guarantee that only a natural born Citizen as enumerated in Article II of the U.S. Constitution be allowed on the ballot in the Presidential election in 2012.

John Jay, our nation’s first Chief Justice in a letter on July 25, 1787 to George Washington; who at the time was presiding over the Constitutional Convention; said:

“Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of foreigners into the administration of our national government; and to declare expressly that the command in chief of the American army shall not be given to, nor devolve on any but a natural born citizen.”

And The U.S. Supreme Court in 1874 defined “Natural Born Citizen” in Minor v. Happersett as children born of two parents who are United States citizens:

"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."

The findings of the Supreme Court in 1874 was unanimous; with no dissention or opposition among the Justices as to the findings, and the definition has not changed.

Barack Hussein Obama II has publicly admitted his father Barack Obama Sr. was a Kenyan native and a British subject whose citizenship status was governed by The British Nationality Act of 1948.  Barack Obama Sr. never became a U.S citizen. Therefore, Barack Hussein Obama II is not now and never can be a natural born Citizen of the United States by virtue of his recognized allegiance to a sovereign foreign nation inherited from his father precluding him from eligibility for the Office of the President of the United States.  Therefore, according to Article II Section 1 Clause 5 of the United States Constitution as defined in the United States Supreme Court case of Minor v. Happerset 88 U.S. 162 (1874) which set binding precedent, the Office of the President of the United States was usurped by an ineligible candidate.

Therefore, I am officially filing a formal complaint as to Barack Hussein Obama’s eligibility and request you remove him from the ballot.

Respectfully,

Kevin R. Powell

Additional challenges in Georgia have been published here: