IS OBAMA GOING TO CREATE CRISIS TO SUSPEND THE NOVEMBER ELECTION?
By Dr. Edwin Vieira, Jr., Ph.D., J.D.
June 25, 2016
No Perpetual “Emergency” Presidency
Constitutionalists, patriots, and other friends of freedom in ever-increasing numbers are expressing their fears that the present resident of the White House, Barack Obama, intends, under color of some real or contrived “emergency”, to suspend the National elections this November, declare “martial law”, and expand the ambit of his usurpatory rule from that of an arguably faux yet only temporary President to that of an authentic and permanent dictator, in service of some absurdity such as a supposed necessity to maintain “the continuity of government”. In light of the possibility of a nationwide calamity in the near future (especially likely in the economic realm), and of Mr. Obama’s own personality and past pattern of misbehavior under color of public office, these concerns cannot be easily dismissed as mere delusions springing from paranoiac imaginations. Nonetheless, from the constitutional perspective, they are entirely devoid of foundation.
No need exists to repeat here the extensive analysis in my book By Tyranny Out of Necessity: The Bastardy of “Martial Law”, which explains that so-called “emergency powers” are bunkum, and “martial law” (as most Americans understand it) bunkum to the second power. The only “martial” institutions to which the Constitution delegates the responsibility and authority “to execute the Laws of the Union”, whether in an “emergency” or otherwise, are “the Militia of the several States”. But “the Militia of the several States” consist of the body of WE THE PEOPLE of the United States. And the very last thing Mr. Obama would ever want to admit in a public forum is that WE THE PEOPLE enjoy the unique constitutional power, in “martial” institutions especially, to “execute the Laws of the Union” against anyone and everyone who might dare to transgress those “Laws”—himself included. So, putting to one side “emergency powers” and “martial law” as the irrelevant anti-constitutional fantasies they are, the only question which needs to be answered is: “Does the Constitution provide any means by which Mr. Obama can perpetuate his residency in the White House in the guise of ‘President of the United States’ on any excuse whatsoever?” The answer is “No”.
1. Even if Mr. Obama were “a natural born Citizen * * * eligible to the Office of President” under Article II, Section 1, Clause 4 (which in the absence of sufficient evidence remains an open question), Section 1 of the Twenty-second Amendment precludes him from being “elected to the office of the President more than twice”. Of course, the premiss of the instant analysis is that no Presidential election at all would occur in November of 2016; and therefore he could not possibly become even a faux “President elect” under color of the Twelfth Amendment. That being so, perforce of Section 1 of the Twentieth Amendment his present, possibly faux “term[ as] the President * * * [would] end at noon on the 20th day of January”, 2017. By dint of that same Section, the present, but also arguably faux term of Mr. Joseph Biden as “Vice President [would] end” at the very same time.
2. In the normal course of events, someone other than Mr. Obama would be chosen as President elect in the 2016 elections, and would take the “Oath or Affirmation” of “the Office of President” on 20 January 2017, pursuant to Article II, Section 1, Clause 7. But, were no National elections conducted in November, no one would be chosen President elect or Vice President elect. Under those circumstances, Section 3 of the Twentieth Amendment would take effect:
If a President shall not have been chosen before the time fixed for the beginning of his term, or 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 selected, and such person shall act accordingly until a President or Vice President shall have qualified.