ELECTORS Supreme court Failure to enforce constitution
Can a corporation 501c4
appoint their own electors in the constitution as being done in the Democrat and Republican parties versus the states must vote for the representatives Called electors
And in case of a tie the house of representatives select the president and the Senate selects the vice president why is the vice president and the president on the same ballot?
Has the Supreme Court taken the rights from the federal government when they are allowing a state to determine unconstitutionally how the electors are picked by independent and or political parties which are corporations?
Dr Tolbert
https://www.dailysignal.com/2020/07/06/supreme-courts-faithless-electors-decision-safeguards-electoral-college/
Hans von Spakovsky is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration, the rule of law and government reform—as a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies and manager of the think tank’s Election Law Reform Initiative. Read his research.
In a decision issued Monday, the Supreme Court ruled that states can punish presidential electors who break their pledge to support the presidential candidate preferred by the citizens of their states.
The ruling affirms the Electoral College as an important part of our constitutional structure—one that balances popular sovereignty with the benefits of a federal system in which state governments play a vital role.
Every four years, Americans cast votes for their preferred presidential candidate. But what voters in 48 states are actually selecting is a slate of electors who have pledged to vote, as members of the Electoral College, for the candidate who wins a majority of their state’s popular vote. (Maine and Nebraska employ a slightly more complex allocation system based on the winner of the popular vote and congressional districts).
While we all vote in November, the electors meet in state capitols in December to cast their votes.
In these trying times, we must turn to the greatest document in the history of the world to promise freedom and opportunity to its citizens for guidance.Find out more now >>
The number of Electoral College votes to which each state is entitled is the total of their two U.S. senators and the number of members they have in the House of Representatives. This arrangement balances the interests of the larger states with larger populations and the smaller, often more rural states with smaller populations so that presidential candidates won’t ignore those smaller states and campaign only in the large, urban population centers.
But what happens when one of those electors defects?
Say, for example, an elector pledged to vote for candidate A (who wins the state vote), breaks her promise and instead votes for candidate B—or possibly some other person who wasn’t even on the ballot. Can the state remove that “faithless elector”? Can it punish or at least fine the faithless elector?
The Supreme Court confronted those questions and answered “yes” to both.
These questions were not hypothetical. In 2016, three electors from the state of Washington pledged to vote for Democratic presidential candidate Hillary Clinton. Hoping to throw the election into the House of Representatives (which happens if no candidate receives a majority of Electoral College votes—currently 270), the three cast their votes for Colin Powell—even though Clinton carried the state. Washington fined them $1,000 each, in accordance with state law.
The faithless electors sued in state court arguing the fines violated the Constitution and their right to exercise a different choice in casting their vote, but the Washington Supreme Court upheld the law and the fines.
Similarly, in Colorado, three electors pledged to cast their Electoral College votes for Clinton in 2016 and announced they would instead cast their votes for former Ohio Gov. John Kasich.
Only one actually did so, because after he voted for Kasich, the Colorado secretary of state immediately removed him from his position, cancelled his vote, and replaced him with a different elector who voted for Clinton. The other two electors saw this and begrudgingly cast their votes for Clinton, too, despite their expressed desire to vote for Kasich.
All three electors sued in federal court, and the 10th U.S. Circuit Court found that Colorado had violated the Constitution by removing the elector who had actually voted for Kasich and nullifying his vote.
These “faithless” electoral votes in Washington and Colorado were both part of a concerted effort in 2016 to convince electors to break their pledges in order to throw the election into the House of Representatives. Only “seven electors across the Nation cast faithless votes—the most in a century but well short of the goal.”
Why did the U.S. Supreme Court decide that the Washington Supreme Court was right and that the 10th Circuit was wrong? It looked at the text of the Constitution.
Article II of the Constitution is very straightforward. It says that states can appoint electors “in such Manner as the Legislature thereof may direct.”
Eight Justices agreed that “Article II, § 1’s appointments power gives the States far-reaching authority over presidential electors, absent some other constitutional constraint,” meaning that as a condition of appointment, a state “can demand that [an] elector actually live up to his pledge, on pain of penalty.”
Going further, Justice Elena Kagan, writing for these eight, noted that “nothing in the Constitution expressly prohibits States from taking away presidential electors’ voting discretion.”
Justice Clarence Thomas, who concurred in the judgment, rejected the majority’s Article II analysis because he believes this last point really holds the key to the outcome.
He said, “The Constitution does not address—expressly or by necessary implication—whether States have the power to require that Presidential electors vote for the candidates chosen by the people. Article II, § 1, and the Twelfth Amendment provide for the election for the President through a body of electors. But neither speaks directly to a State’s power over elector voting.”
Regardless, all nine justices agree that the Constitution does not prohibit states from limiting electors’ discretion.
The majority did give nod to the idea that both John Jay in Federalist 64 and Alexander Hamilton in Federalist 68 seemed to indicate that electors would exercise some discretion. But, “Whether by choice or accident, the Framers did not reduce their thoughts about electors’ discretion to the printed page.”
The “sparse instructions [in the Constitution] took no position on how independent from—or how faithful to—party and popular preferences the electors’ votes should be.”
Essentially, whether electors can exercise discretion is up to the states. Though, as the majority went on to point out, historical practice from the earliest days of the Republic shows that electors have long pledged to vote for particular candidates rather than to act as free agents.
Out of more than 23,000 electoral votes cast in our nation’s history, only 180 have been faithless votes. And more than a third of those 180 occurred in 1872 when one of the major party’s candidates died after Election Day but before the electors cast their votes. Faithless electors have never affected the outcome of a presidential race.
Justice Joseph Story was an early and authoritative source on American constitutional law. In 1833 he wrote that any “exercise of an independent judgment [by electors] would be treated as a political usurpation, dishonourable to the individual, and a fraud upon his constituents” because in nearly all cases the electors had already “silently” or “publicly pledge[d]” how they would vote.
Echoing Justice Brett Kavanaugh’s concerns at oral argument, this result is faithful to the text of the Constitution and avoids creating chaos if all states had to allow their electors to act as free agents.
After all, while chaos might make for compelling television, it makes for terrible governance.
Kagan emphasized this point by describing what happened in the 1796 election when political rivals John Adams and Thomas Jefferson, “the leaders of the era’s two warring political parties—the Federalists and the Republicans—became president and vice president respectively.”
According to Kagan, “One might think of this as fodder for a new season of ‘Veep,’” the hit HBO series. In reality, though, it made actual governance difficult and created some degree of chaos.
To hammer home this point, Kagan needed to look no further than the next election in 1800 and the popular Broadway show “Hamilton.”
She explained how, when the 1800 election ended up in the House of Representatives because Jefferson and Aaron Burr tied in the Electoral College, “Alexander Hamilton secured his place on the Broadway stage—but possibly in the cemetery too—by lobbying Federalists in the House to tip the election to Jefferson, whom he loathed but viewed as less of an existential threat to the Republic.”
Fortunately, in 1804, the states ratified the 12th Amendment requiring electors to cast separate votes for the president and vice president. That alleviated the chaos caused by the original workings of the Electoral College.
As Heritage Foundation President Kay Cole James succinctly summarized, the court’s decision safeguards our “Electoral College system, which has protected our democratic process and provided unprecedented stability in our form of representative democracy for more than two centuries.”
Through the mechanisms established in our Constitution, including the Electoral College, “We the People” choose our leaders and retain ultimate sovereignty over our own affairs. The Supreme Court has just helped us maintain that sovereignty.
A Note for our Readers:
This is a critical year in the history of our coun
Karen,
Several months back you interviewed Mike McCaister and although it was not the subject, you’ll toughed just briefly on the electoral college.A lot liberals are calling for the end of it because they think the the democrats would win the W.H.
I copied you both and mentioned there is no electoral college in the US Constitution,Bill of Rights and Amendments. I noted the US Constitution,Bill of Rights and Amendments are replete with examples of the electors are voted for by the citizens and the electors vote their own conscience indebted to No One or No Group. There is no 2 party system in the US Constitution,Bill of Rights and Amendments, so you cannot repeal what is not in the Documents. I asked you and Mike MacCasister to do a show on the subject of the Electoral College.
You , nor Mike responded. Which makes me assume you either do not understand the subject of the electoral college, or you think you do understand it and my lack of education did not deserve a corrective response.
This among other many issues in our political and educational system are ignored by the leaders, who wish to believe they have the answers because they have the positions and experience.
I have 2 questions,if you really believe there is an electoral college teach it from the US Constitution,Bill of Rights and Amendments, without referencing America’s historical experience.The US Constitution,Bill of Rights and Amendments was the standard that would produce our experience, not the experience we have accumulated without consulting the US Constitution,Bill of Rights and Amendments
The 2nd question. While I agree with most of what your guest last night stands for, answer this ? Is this plan going reach just like minded people or will it reach those young people who have no roots in conservative values ?
I heard many pastors and christian right leaders say during the start of the home school and christian private school movement in the late 1970’s and early 80’s, these children will grow and lead America back to God. We are in the 2nd generation of those children of home and private schooled children who stayed in church culture and are home and private schooling their children. I have seen a lot of Bureaucracy and for little result. I agree with you, every little bit can count. But at some point we need to study the root and the fruit.
Part of the problem is Conservative and Christian Right people are deceived. The republican’s policies have socialized America more than the democrats. You trash Common Core, abortion, EPA, Federal Funding of Education, all republican policies. If I am wrong I deserve to be corrected. If I am right and you don’t correct me, you have a larger audience than I do,which means I do less damage to the minds of America’s future. Our efforts cannot always be about protecting ours kind. Those would disagree with us are victims of what they have been taught,and that is who they are.
I will say, the pastors who are trying to reach the culture who were at the switch back then, need to admit they failed to reach minds in the effort to protect. The past is where we are at now. They need to have devotions in Ezekiel 34:1-10 and James 3:1-12.
We simply are running out of time to turn it back. You said in the year Obama was elected 4 years is the window, and look at where we are now ? Did every little bit count for now ?
Nathan
For:
The President of the United States of America
Mr. Donald Trump
The question is why does the press only talk about democrats and Republicans?
The overview of the Electoral College:
The question is, “should the Supreme Court validate that Electoral College is constitutional or is it in fact only a misinterpretation of the Constitution and does not apply?”
So does the Electoral College exist, or is it misinterpreted and should it go in front of the Supreme Court?
In addition note that the vice president and the president are totally separate individuals and cannot come from the same state and are to be voted for separately and not on the same ballot.
The amendments were formulated without giving consideration to the two political parties.
Are the Electoral voters or the popular vote of the state correct?
The Electors should be voted for by the voters in the state which then would be in the numbers selected to vote for the president and the vice president separate, these questions have not been submitted for interpretation by the Supreme Court.
The members of all states as Sovereign States should challenge the Supreme Court through the validity of electing the president of the United States due to the misinterpretation and representation by the two political parties.
Though the term is never used in the Constitution itself, the Electors that choose the President at each election are traditionally called a College. In the context of the Constitution, the meaning of college is not that of a school, but of a group of people organized toward a common goal.
The Electoral College insures the election of the President from the people by having the people elect not the person of the President, but the person of an Elector who is pledged to vote for a specific person for President. Though the ballot may read “John McCain” or “Barack Obama,” you’re really voting for “John Smith” who is a McCain supporter or “Jack Jones” who is an Obama supporter.
Today, Electors are chosen by popular election, but the Constitution does not mandate a popular election. The 14th Amendment does mention the choosing of Electors, but is relevant only when Electors are elected by popular vote. There is similar mention in the 24th Amendment. In other words, Electors could be appointed by a state’s legislature, or the legislature could empower the governor to choose Electors. In some cases, state law allows for such appointments if the popular vote cannot be used to determine a winner, such as if election results are contested up to federally-mandated deadlines.
When the vote devolved to the House, two-thirds of all states must have had at least one Representative present for the vote to proceed. The Representatives present from each state voted as a single state. The winner had to win by a majority of the states.
The Vice-President was a bit easier. In any case, that person who had the second highest number of Electoral votes was Vice-President (if there was a tie, the winner of the House vote was President; the loser was Vice-President). If the second-highest vote count was shared by two or more people, the Senate chose between those people.
The 12th Amendment was ratified four years later to avert any recurrence of these events. The 12th changes the Electoral process in a few small, but important ways.
First, instead of voting for two people, Electors vote for a President and a Vice-President. From there, the names are totaled at the state level, in two columns this time (one for the President and one for the Vice President), and sent along to the President of the Senate. Then, in joint session, all votes are opened and counted, again in two columns. The person with the majority of votes for President is then President. If there is no majority, then the top three vote-getters are voted on by the House (with the same restrictions as before). The choice must be made by January 20th (originally March 4thin the 12th Amendment, but altered by the 20th Amendment), or the Vice President becomes the Acting President, until such time as the House can finally agree.
The choice for Vice President moves along similarly, with the majority vote getter becoming Vice President. If there is no majority, the top two vote-getters are voted on by the Senate. In the case of the Senate, the Senators are not grouped by state, though there must still be a two-thirds quorum to take the vote. Also note that because only the top two vote-getters are placed in the mix, the choice for Vice President should be an easier one. Also note that in the case of a tie, the current Vice President, as President of the Senate, may cast a vote for himself (if the current Vice President is running for re-election).
That’s the process. Electors are chosen by the states and the Electors elect the President and Vice-President.
But, of course, there is much more to it than that, when the inconvenience of details slip in. But that’s another topic.
Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. –]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.*Superseded by section 3 of the 20th amendment. AMENDMENT XIIIPassed by Congress January 31, 1865. Ratified December 6, 1865.Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.Section 1.Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2.Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XIVPassed by Congress June 13, 1866. Ratified July 9, 1868.Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment. Section 1.All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Section 4.The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.*Changed by section 1 of the 26th amendment. AMENDMENT XVPassed by Congress February 26, 1869. Ratified February 3, 1870. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude–Section 2.The Congress shall have the power to enforce this article by appropriate legislation. AMENDMENT XVI Passed by Congress July 2, 1909. Ratified February 3, 1913.Note: Article I, section 9, of the Constitution was modified by amendment 16. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.AMENDMENT XVII Passed by Congress May 13, 1912. Ratified April 8, 1913.Note: Article I, section 3, of the Constitution was modified by the 17th amendment.The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. AMENDMENT XVIII Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21. Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2.The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. AMENDMENT XIX Passed by Congress June 4, 1919. Ratified August 18, 1920. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XX Passed by Congress March 2, 1932. Ratified January 23, 1933. Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.Section 1. The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. Section 2.The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day. Section 3.If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. 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. Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. Section This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.AMENDMENT XXIPassed by Congress February 20, 1933. Ratified December 5, 1933. Section 1.The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. AMENDMENT XXII Passed by Congress March 21, 1947. Ratified February 27, 1951. Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term. Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress. AMENDMENT XXIII Passed by Congress June 16, 1960. Ratified March 29, 1961. Section 1.The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. Section 2. The Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XXIV Passed by Congress August 27, 1962. Ratified January 23, 1964. Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. Section 2. The Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XXV Passed by Congress July 6, 1965. Ratified February 10, 1967. Note: Article II, section 1, of the Constitution was affected by the 25th amendment. Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. AMENDMENT XXVI Passed by Congress March 23, 1971. Ratified July 1, 1971. Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment. Section 1.The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Section 2. The Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XXVII Originally proposed Sept. 25, 1789. Ratified May 7, 1992. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
From: Dr. Charles Fredrick Tolbert EdD, Retired Master Sergeant and a Pastor 300 E. Oakland Park Blvd # 132
To: The PresidentThe White House1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. President Trump https://www.cfabamerica.com/charles-frederick-tolbert-ed-d-resume
I, Charles Frederick Tolbert EdD, was a Write-in NPA Candidate for US Senate Florida, and I am qualified for an office of the United States of America. Outlined below are my goals, objectives and my resume. Mr. Trump, as the U.S.A. President of the United States of America, I request that you consider me as an asset and a team player as part of the presidential staff. My capabilities and objectives would enhance The United States of America. Dr. Charles Fredrick Tolbert EdD is also qualified for: *US Secretary of State *Head the Department of Education *Oversee the Department of veteran affairs *A member of the Joint Chiefs of Staff *Advisor foreign affairs *Ambassador
*Ambassador to Organization of American States (OAS) *Organization effectiveness concerning education, production, defense and protection of the United States citizens. *The re-organization of the general staff members of the Armed Forces promotions and expansion of ground forces in order to take on the offense rather than the defense to protect America from terrorism, invasion, and counter espionage. Charles Frederick Tolbert EdDRetired MSGPastor Www.calltoduty.org
OBJECTIVES: *The objectives are not limited to; Dr. Tolbert is qualified as United States citizen to take on a position that influences national security and recognition of all foreign powers that America is responsible to direct, oversee and protect our allies against invaders and terrorism. *To protect the American citizens according to the United States Constitution, to increase productivity, educate and to defend America from terrorism. *To ensure the upholding of the first and second amendment and to petition the Supreme Court to review constitutional amendments 11 through 27 and have them eliminated according to the Constitution and the Bill of Rights, whereas the Supreme Court rules the constitutionality of the 11th through 27th amendments are already specified in the Constitution and Bill of Rights. *To enforce laws in the constitution made by Congress according to the rules of the executive branch and downsize the three branches according to the 10th amendment. *To increase our military forces where we can react and put boots on the ground within 48 hours against any organization that has harmed any resource or personnel of the United States and or our allies. *To provide spiritual guidance according to our constitution to ensure that The United States remains a Christian nation as intended by the original signers of the 13 states of the Declaration of Independence, the United States Constitution and the Bill of Rights. *To reduce national debt by following the rules of federalism as in the 17 requirements for the federal government under the Constitution. *To return the rights of the states under Sovereign States and the 10th amendment. *To equip the states with an immigration program and to ensure that the illegal immigrants are properly background checked to eliminate terrorism and aggression from within the borders of the United States of America. *To rebuild and restructure the Armed Forces, to ensure our combat readiness and our ability to move against any hostility that confronts the United States or the United States allies. *To close the IRS working directly with Congress and the rewriting of HR 25 for consumption taxes. *To review the policies of EPA and withdraw from the UN. *To close Obama Care, establish and assist the states under amendment 10 to protect the health and welfare of American citizens. *To ensure the non-passage, Free trade agreement (FPP) in compliance with the Commerce Clause Article I, section, A three-part test is used to determine this implied condition to regulate interstate commerce: (1) the law is not intended to discriminate against another state, (2) the substance of the law must not be one that requires national or uniform regulation, and (3) the interests of the state outweigh those of the federal government’s right to regulate interstate commerce on the matter at issue. (See also interstate commerce). *To establish “Virtual Reality Visas” at the State level according to the 10th amendment. *To assist, direct and oversee the termination of the Department of Education and transfer to the States a productive school system utilizing techniques under a hybrid school scenario. *To support all candidates who understand the US constitution. The failure of our multimedia to post that any felon that has completed or served their time has full rights to vote shows their lack of knowledge of the United States Constitution. I support any felon who has completed and served their time having full rights to vote under the U S Constitution. I will request removal from criminal records and these records be sealed in order to re-establish the lifestyle, training and education of these no longer felons who made a mistake but served their time. I have filed grievances against the State of Florida for violation of the United States Constitution concerning felon’s rights. 3. Amendment XV (ratified 1870) “Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have the power to enforce this article by appropriate legislation.” Political offices applied for:
Candidate for U S Senate Florida 2018 NPA Candidate for U S Senate Florida 2016 NPA Candidate for Governor Florida 2014 NPA Candidate for U S President 2012 NPA Education: + Doctoral degree Educational Leadership Nova Southeastern University May 2010, Ft. Lauderdale, Florida; +Master’s in Theology, Graduate School Jacksonville, Florida. +Master of Education in Information Technology, American Inter-Continental University, Ft. Lauderdale, Florida. +Ordained CFACS, Inc. upon completion of one year of teaching from CFACS, Inc. Academy, Ft. Lauderdale, Florida. (http//www.cfacs.com) +Ordained New Generation Ministries, Inc. Completion of one year of teaching. Ft. Lauderdale, Florida. +University of Kingdom Living Graduate, Licensed Minister. +Bachelors of Science in Business Management University of Maryland, College Park, Maryland. +Graduate Work, Course in Organizational Effectiveness and Performance Appraisal, University of Maryland, College Park, Maryland. +Administrative Training Workshop, Cindy Trimm Ministry by Dr. Trimm +Completed the new membership classes of Embassy Worship Center + Attended over twenty Monday night-leadership classes by EWC + Worked with the Catholic Church and received training in marriage encounter. + Deacon, Outreach program Solid Rock +Prison Minister 2001 and other committee memberships for Summit Impact 1999 and 2000 for EWC. + Debbie Leakey’s Ministry helping young women. +Security team for EWC. +Various committees to assist elderly in the Catholic Church. +Various committees for the SPECIAL OLYMPICS ^AUTHOR: See web site for my books and teachings http://www.cfacs.com
*Twenty-two years of Military schools and leadership position Retired Master Sergeant *Strong leadership, organizational skills, orator, strong written and interpersonal communication skills…familiarity with all aspects of the organization of a church and know how to present God’s word…ability to acquire and present detailed information and to establish rapport with a wide variety of people…ideally suited to accomplish any task given. EMPLOYMENT HISTORY: *10/05- Present: Founder of Citizens for a Better America, Inc. *10/99 – Present: Studying the works of Christ Jesus, ordained Minister, President and Founder of Christ Found All Creation Saved (CFACS, Inc.), a non-profit organization dedicated to bringing men home through men’s awareness programs. 8/94 – 10/99…President/ sole proprietor and Oversight, entire company operation of Charles Frederick Tolbert Aircraft Sales Company. Owning this aircraft sales company provided a better understanding of problems by business owners and major corporations. Bought and sold 175 aircraft. 6/82- 8/94…Independent Contractor: Aircraft Sales In charge of all aspects of aircraft sales company. Bought and sold over 44 aircraft (director of sales). My responsibilities included, but were not limited to, coordinating administrative and sales functions, brokering executive aircraft including turbo props and jet aircraft. Making all decisions affecting budget, contracting and marketing. Locating buyers and sellers, building financial packages, and acquiring and maintaining exclusive listings. Working with financial and leasing companies and providing operation leases for South America. 6/81 – 7/82…Success Motivation International Annapolis, Maryland Distributor/Sole Proprietor, Responsibilities included all aspects of marketing motivation and material designed to increase individual and company sales, conducting lectures, workshops and seminars. 4/60 – 5/81…United States Army Retired Master Sergeant 22 years of active duty. Last assignment as Operational Director, U.S. Communications Command Washington, DC. Directing personnel in telecommunication centers, Plans Officer, Platoon Sergeant, Instructor for Junior Non-Commission officers, writing the training guide to be used for these soldiers at Ft. Gordon Georgia. Served in Viet Nam. *Five Bronze Stars *Two Meritorious Service Medals *Three Army Commendation Medals *Six Good Conduct Medals *National Defense Services Medal *Four Vietnam Service Medals *Republic Of Vietnam Campaign Ribbon 1960 *Expert Badge with Rifle Bar *Advanced leadership and counseling schools with the US Army Services. *The first member of the Sergeant Morales Club March 1974. Thank you for your consideration. I am available upon request. Dr. Charles Frederick Tolbert BS, DivM, EdM, EdD, Retired Master Sergeant and a Pastor300 E. Oakland Park Blvd # 132
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On Jul 7, 2020, at 3:50 AM, The Daily Signal <morningbell@heritage.org> wrote:
