Political scientist Dr. Mary Maxwell reports a dilemma faced by Electoral College members. She said today: "If a candidate makes a fraudulent claim to be eligible for the presidency he violates election laws and in many states." " So far," said Maxwell, "Obama has asked everyone to take his word for it that he meets eligibility. But Electors may take the opposite approach, refusing to cast a ballot for him on Dec. 15th if he obstinately withholds proof of eligibility.""
Marblehead, Mass. (PRWEB) December 11, 2008 -- Dr. Mary Maxwell, political scientist, said today: "Obama's silence about his citizenship is indefensible and unworkable. Next Monday, the 538 members of the Electoral college meet and they are at risk, themselves, of violating state election laws if they participate in a fraud."
"If a presidential candidate's claim that he meets the requirements are later found to be false," Maxwell said,"one or more of the 50 states could bring charges against him. But that would be a terrible thing if it comes after Inauguration Day. It would be better if a state would apply its law stringently as early as possible For example, the Election Commission of Alabama has authority to cite for contempt any person who refuses to deliver, upon subpoena, relevant items."
Maxwell said: "An Obama spokesman has called the eligibility controversy 'garbage,' and wants to keep pertinent records under seal." "Privacy is of great value," Maxwell acknowledged, "but when one signs the form to become a candidate for elective office, one swears, in most states, that one is eligible."
"For a presidential hopeful that means he has attained age 35, has resided here for 14 years,and is a natural-born citizen of the U.S." Maxwell stated, "If voters want proof of a candidate's eligibility -- and thousands have signed petitions and called Congress seeking Obama's proof -- it follows that privacy must be sacrificed. How can Electors do their solemn duty of choosing America's executive for the next four years if they are in doubt about his qualification?" she asked.
"I've posted a current case, Keyes v Bowen, at my website," said Maxwell. "The plaintiffs are Electors who don't want to vote until they see Obama's documents," she said, "This case is making its way to the Supreme Court, but not in time for Dec.15th." Also, she reported,"there are some are military officers who understandably insist that their Commander in Chief be free of any suspicion of divided loyalties."
"This lays a shockingly heavy burden on Electors' shoulders," Maxwell said. "I believe that Obama's grammar school records, showing his citizenship as 'Indonesian,' are sufficient indication that he has an eligibility problem. So the presumption has to be against him. If Obama feels that is unfair he can simply submit the documents and put an end to the problem, " she said.
"Granted this approach is embarrassing," said Maxwell, "but so what? Don't Immigration officers frequently knock on doors of American residents and say 'Show your passport'?" She observed, "The Constitution protects all congresspersons from arrest on their way to or from their legislative sessions, but no one is immune from the law at other times. That is the core of our great system."
"If we create a cultural habit of exonerating government officials when they do wrong, or look the other way, it will soon be said that rule-of-law no longer works in our society and we need martial law," said Maxwell, "in fact I sniff it in the air now. What nonsense! We have a perfectly workable Constitution. But of course it can't work if the law does not apply to all."
"Failure to deal with Obama's issue is likely to cause an upset on Dec. 15th," said Maxwell. "Since Nov. 4th, the public has been told that the Electors will cast 373 ballots for Obama, and 165 for McCain. Typically, all Electors 'obey' their party but the Constitution does not require them to do so," she noted, "and in a 1992 case, Ray v Blair, the Court ruled that political parties may give direction but they did not say the Elector is thus coerced."
"It is amazing to realize that if Obama drops out, the Electors are not obliged to choose his running mate, Joe Biden, or the next-best from the Democrat's summer convention, Hillary Clinton," Maxwell said. They can even choose someone that ran in a third party, such as Bob Barr or Cynthia McKinney." She remarked, "Indeed they are free to elect a citizen who never campaigned."
"Happily, panic need not occur if no individual gets a majority on Dec. 15th," Maxwell stated. "As usual, the Founding Fathers foresaw that outcome, and arranged for the House of Representatives to choose the president from the three highest on the Elector's list," she said. "and they would vote as states, with each state having one vote. The National Archives website says that would occur on Jan. 8th, 2009."
Maxwell added, "I am a registered Republican but the foregoing is genuinely nonpartisan."
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