Legally, John Kerry CAN'T BE the president!

[Stormwatch]

John Kerry's Constitutional Conundrum

Written by Raymond?Kraft
Thursday, October 14, 2004

Conundrum: Any perplexing question, or thing. Webster.

On June 13, 1866, in the immediate aftermath of the Civil War, Congress passed the 14th Amendment to the Constitution of the United States, which was ratified by the states and became part of our Constitution on July 9, 1868.

The 14th Amendment, or Article 14, is commonly known as the "Equal Rights Amendment," for it contains in Section 1 the now-famous injunction that "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." This section has been the pivot point for much of the most important legislation and jurisprudence of the last half century.

And, in the shadow of Section 1, the rest of Article 14 has been mostly ignored and largely forgotten, because much of it deals with the consequences of insurrection and rebellion within the United States, and we haven't had many of those since 1868.

But lurking in the heart of Article 14, Section 3, is a very important and potent clause of our Constitution which was originally adopted to bar officers of the United States military and members of Congress who had defected to the Confederacy, or given aid and comfort to the Confederacy, from Federal office.

And Article 14, Section 3, now becomes John Kerry's Constitutional Conundrum.

I quote in full:

"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."

Constitution of the United States, Article 14, Section 3 (emphasis added).

When John Kerry joined the navy and became a commissioned officer, he took an oath, an oath to protect and defend the United States and the Constitution of the United States against all enemies.

When he returned from Vietnam, while still a naval officer, John Kerry quickly became an anti-war protester, and a prominent leader of the anti-war activist organization, Vietnam Veterans Against the War.

While giving him the benefit of the doubt, I will assume that John Kerry intended his activism to shorten the war and save lives. But he made a catastrophic error in judgment. It did not. It prolonged the war, and it cost more American lives, and more Vietnamese lives. To be blunt, the anti-war activism of John Kerry and others like him had the unintended consequence of killing people, and their blood is on his hands.

How many people? It is impossible to know, with any certainty, but in his 1985 memoir, North Vietnamese General Vo Nguyen Giap wrote that if it had not been for anti-war activists such as John Kerry, North Vietnam, militarily beaten after the Tet Offensive, would have surrendered; but the anti-war movement, and in particular John Kerry's congressional testimony in April 1971, convinced the North Vietnamese that if they could hold on a little longer the growing anti-war movement and sentiment in America would turn America's military victory into a political defeat, and North Vietnam's military defeat into a political victory.

John Kerry was the point man for the Vietnam Veterans Against the War, and with his April 1971 testimony before Congress, under oath, charging that Americans in Vietnam were committing war crimes on a daily basis as a matter of operational policy, he gave the North Vietnamese what they hadn't been able to get out of American POWs in the Hanoi Hilton: a confession of war crimes. A false confession, but a confession nonetheless.

An ex-POW, now Senator John McCain, wrote in an article for U.S. News & World Report (14 May 1972) that John Kerry's testimony was "the most effective propaganda tool they had to use against us." Today, John Kerry's photograph is prominently displayed in the room of tribute to American anti-war protesters in the Vietnamese Communist War Remnants Museum in Ho Chi Minh City (formerly Saigon). You can go see it at http://www.WinterSoldier.com.

Later, while still a naval officer, John Kerry met illegally with a North Vietnamese delegation in Paris to conduct unauthorized private diplomacy, for which he is reported to have lost his top secret security clearance, and although the documentation is not fully public (John Kerry will not release his full service records) there is reason to believe that he may have received a dishonorable discharge (see The New York Sun, October 13, 2004, "Mystery Surrounds Kerry's Navy Discharge.")

Because of the anti-war activism of John Kerry and others like him, the Vietnam war lasted several years longer than it might have. Several thousand American names are engraved on The Wall now, names of men who died after John Kerry took up the enemy's cause, men who might otherwise be alive today. And after the United States, internally defeated by the anti-war politics of the American left, abandoned South East Asia, more than four million Vietnamese and Cambodians died in the communist purges that followed.

Today in the presidential campaign, John Kerry continues to give aid and comfort to another enemy, calling America's war on terrorism in Iraq "the wrong war, in the wrong place, at the wrong time."

John Kerry's public record of giving "aid and comfort" to the enemy is so public, and so indisputable, that I believe it is a fact, commonly known and not subject to plausible controversion, of which any Federal Court could, or must, take judicial notice.

The presidency is both a civil office, and as commander in chief a military office, of the United States.

And that returns us to Article 14, Section 3, of the United States Constitution, which bars from all civil and military offices of the United States any person who, having once taken an oath as an officer of the United States, has given aid and comfort to an enemy of the United States, i.e., John Kerry.

John Kerry took an oath as a naval officer, before he became a prominent anti-war activist. He took another oath to protect and defend the Constitution when he was sworn in as a senator, before he called America's war on terrorism in Iraq "the wrong war, in the wrong place, at the wrong time." Now, he seeks to become president, and commander in chief, and will, if he is elected, take the oath again, to protect and defend the Constitution.

But if he fulfills that oath, as he should, if he is elected, and if he is to defend the Constitution, then his first official act as President must be to resign from the office of president, because he is barred from the presidency by Article 14, Section 3, of the Constitution of the United States, which he will have sworn (again) to protect and defend.

This is John Kerry's Constitutional Conundrum: If he is elected, the Constitution requires him to resign, or to be removed from office.

The demand for John Kerry's resignation if, and after, he is elected or inaugurated, will create a political eruption unlike any we have seen in many years, or generations. It would elevate John Edwards, a man whose qualifications for the Presidency seem slight, to the White House.

I believe this is an issue that should be grappled with before the election, not afterward. At the least, it should become central to the public debate during the next two weeks.

I also believe that some person, or persons, or one or more organizations, such as the Swiftboat Veterans for Truth, or the Vietnam Veterans Against John Kerry, should file a lawsuit in Federal Court seeking a determination, based on public records and documents, that John Kerry has given aid and comfort to enemies of the United States, and an injunction barring him from the presidency, pursuant to Article 14, Section 3, of the Constitution of the United States.

This will not be a criminal proceeding. It is not a prosecution for treason or sedition. It does not require proof beyond a reasonable doubt; only to a "preponderance of the evidence," evidence that it is more probable than not that John Kerry has given aid and comfort to the enemies of the United States. He will not go to jail, he will not risk paying any fines or damages. There will only be, or, in my opinion, there should be, a judgment that, having given aid and comfort to the enemies of the United States, he is barred by Article 14, Section 3, of the Constitution of the United States, from the presidency.

About the Writer: Raymond Kraft is a lawyer and writer living and working in Northern California. Raymond receives e-mail at: rskraft@vfr.net

Copyright ? 2004 ChronWatch. All rights reserved.

[toastman]

Bullshit.
For two major reasons.
One - The Vietnam conflict was not a war. Congress never approved it. So technically the Vietnamese were never enemies to begin with. Not by the letter of the law any way (and that is what this is about, technicalities and the letter of the law).
Two - John Kerry exercised his rights as an American citizen and peacefully protested the war. He did not rebel against the government, he did not "give aid and succor to the enemy". If his words and statements were used to torture prisoners, that is not his fault. He did not make those statements with the intent to harm other soldiers.

[ETR]

I find it funny that some Brazilian guy posted that.

[SuperMegatron]

Bullshit.
For two major reasons.
One - The Vietnam conflict was not a war. Congress never approved it. So technically the Vietnamese were never enemies to begin with. Not by the letter of the law any way (and that is what this is about, technicalities and the letter of the law).
Two - John Kerry exercised his rights as an American citizen and peacefully protested the war. He did not rebel against the government, he did not "give aid and succor to the enemy". If his words and statements were used to torture prisoners, that is not his fault. He did not make those statements with the intent to harm other soldiers.

The only issue that could possibly stop him from being president is his statement about committing war crimes. In a interview in the late 70's on meet the press he said he committed war crimes while in service at the orders of his superiors. I am surprised it hasnt been used in a negative ad but that could be a big issue if someone wanted to use it.

[Roofus]

Funny that's never really been an issue during his 20 year Senate career

[MystiK]

Funny that's never really been an issue during his 20 year Senate career

Bullshit.
For two major reasons.
One - The Vietnam conflict was not a war. Congress never approved it. So technically the Vietnamese were never enemies to begin with. Not by the letter of the law any way (and that is what this is about, technicalities and the letter of the law).
Two - John Kerry exercised his rights as an American citizen and peacefully protested the war. He did not rebel against the government, he did not "give aid and succor to the enemy". If his words and statements were used to torture prisoners, that is not his fault. He did not make those statements with the intent to harm other soldiers.

here here.

fuck u stormwatch

[Chile]

The only issue that could possibly stop him from being president is his statement about committing war crimes. In a interview in the late 70's on meet the press he said he committed war crimes while in service at the orders of his superiors. I am surprised it hasnt been used in a negative ad but that could be a big issue if someone wanted to use it.

HE NEVER COMMITED A WAR CRIME. He said he saw them commited

[OneThirty8]

Funny that's never really been an issue during his 20 year Senate career

Also funny that the Bush Campaign didn't point it out. It's good to know that even the Bush people have some limit to the type of crap they'll pull out of their asses.

[Roofus]

Funny that's never really been an issue during his 20 year Senate career

Also funny that the Bush Campaign didn't point it out. It's good to know that even the Bush people have some limit to the type of crap they'll pull out of their asses.

Well, there's exaggerating to make your opponent look bad then there's saying something really stupid and making your side look bad. This would be the latter.

[Veggita2099]

Think this along with many things show how desperate Bush supporters are getting. Since Bush has nothing to really run on, the only thing they can come up with is "Umm Bush is good Kerry is bad!"

[farrell2k]

Think this along with many things show how desperate Bush supporters are getting. Since Bush has nothing to really run on, the only thing they can come up with is "Umm Bush is good Kerry is bad!"

Nothing to run on? Have you been braindead for the last 4 years?!

lol I eagerly await the "Bush has been braindead for the last for years" reply.

[Veggita2099]

Think this along with many things show how desperate Bush supporters are getting. Since Bush has nothing to really run on, the only thing they can come up with is "Umm Bush is good Kerry is bad!"

Nothing to run on? Have you been braindead for the last 4 years?!

lol I eagerly await the "Bush has been braindead for the last for years" reply.

Ok tell us what is so wonderful about him? Maybe you like his Patriot Act that gives law enforcement officers almost unlimited power, as well as take away people's freedom's. Perhaps you are happy to see over 1000 troops dead in Iraq over WMD..err wait Im sorry there not really there but he was a much needed target anyways.

I watched the debates, all bush could come up with is another topic to avade making himself look bad. Ask Bush about his tax cut for the rich, he studders and starts to talk about how education is doing well and we should focus on that. Wow so giving back U.S. Tax dollars to the rich has helped our education, oh wait he just evaded the topic agian. So Since Bush didn't tell us anything so good about himself, why don't you tell us?

Also any chance you seen Micheal Moore's 911 film? Yea Yea I know whats coming "Oh that is a bunch of democrat BS it don't mean nothing blah blah blah.

Well Sorry Id like to see people explain his actions and all that was done. Yes many parts of the movie was made to just make him look bad, but more then enough of it is true. Almost everything it talks about it shows proof of in some way shape of form.

And for the records my opinions of Bush was formed way before seeing ever hearing about that movie.

[OneThirty8]

Think this along with many things show how desperate Bush supporters are getting. Since Bush has nothing to really run on, the only thing they can come up with is "Umm Bush is good Kerry is bad!"

Nothing to run on? Have you been braindead for the last 4 years?!

lol I eagerly await the "Bush has been braindead for the last for years" reply.

I suspect that Bush has been braindead for far longer than 4 years. His idea of stimulating the economy is to reduce revenue and spend like no tomorrow, his plan for creating jobs doesn't ensure that it's Americans (or even foreign nationals living in America) will get those jobs, where the environmnet is concerned he seems to think that it's his responsibility to ensure the demise of our planet, he doesn't seem to think that we need any allies besides Great Britain and Poland, his plan for fighting terror has created more terrorists, he tried to ammend the Constitution because he apparently feels that his beliefs are the only ones that matter... In short, he's incompetent, irresponsible, arrogant and dangerous. That's not much to run on.

[Cn'Fused]

he doesn't seem to think that we need any allies besides Great Britain and Poland

You forgot Australia

And Palau, and Romaaaaaiiinia!!!

[GPF]

Ok tell us what is so wonderful about him? Maybe you like his Patriot Act that gives law enforcement officers almost unlimited power, as well as take away people's freedom's. Perhaps you are happy to see over 1000 troops dead in Iraq over WMD..err wait Im sorry there not really there but he was a much needed target anyways.

I watched the debates, all bush could come up with is another topic to avade making himself look bad. Ask Bush about his tax cut for the rich, he studders and starts to talk about how education is doing well and we should focus on that. Wow so giving back U.S. Tax dollars to the rich has helped our education, oh wait he just evaded the topic agian. So Since Bush didn't tell us anything so good about himself, why don't you tell us?

You like Kerry, fail to understand that a good job, requires a good education. That is scary that someone running for president doesn't understand the basic fact about good education equals a good job.

Tax cuts for people making more than $200,000 a year was great for the economy that pulled this country out of the Clinton/Gore recession in record time. Why is tax cuts for small business' bad? They are the largest supplier of new jobs. Why is it that liberal think that raising taxes will somehow stimulate an economy? Raise taxes, productivity is lowered. Research any communist nation history, redistrubution of wealth does not work.

I don't care why we went Iraq, we are safer in the USA with bush. Kerry want to talk about other countries feelings. I want someone who will do what is best for this country regardless.

Sadam was bribing France, Germany, Russia and the UN to lift sanctions so he could startup his WMD program again. Why would anyone care that the only vocal non-supporting coutries were France, Germany and Russia against the US/Britian led coalition acting according to a UN resolution to use force.

Plus I heard on the radio today that there were all kinds of links between Sadam and Al Quida. Even the 911 report said there were links, the just could not calaberate them but those were not the only reports that show the links. Research it.

"You can read the Deulfer report on Saddam's WMDs http://www.cia.gov/cia/reports/iraq_wmd_2004/index.html for yourself: Don't trust the media's reporting on this. It's long, but I think it's worth at least reading the "key findings." "

[Quzar]

"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."

This specifically applies to people who had sworn an oath to the confederacy, keeping them from serving as members of the true united states army, or in any high political office.

Unless he was convicted of insurrection, or swore an oath of loyalty to a force that was enemy to the United States this has no bearing on John Kerry at all.

[farrell2k]

Goerge Bush sent me $400. That's good enough for me to vote him into office again. We all pay fewer taxes with Bush. The many uninformed on this board yap on and on about the $89B in tax cuts o the richest 1%, but then somehow conveniently do not mention the $146B tax cuts for the middle class. ..|.,

The Patriot act: They'll wine about the patriot act being unconstitutional, and causing the loss of all of our civil rights. Oh no! I can't even talk on my phone anymore without big brother monitoring my calls. Please. 99% of the people who wine about the patriot act are COMPLETELY uninformed about it, and are just spouting off nonsense that they hear from coworkers and on dumba$$ web sites. I am sure there are problems with the patriot act, but for the love of God, it won't even affect 99% of the entire U.S. population! You have lost nothing, and are now safer because of the Patriot act.

Allies: The bush haters and the uninformed whine about the U.S. not having allies. What? Are you that blinded by hatred of Bush, and that gullable enough to actually believe Kerry's propaganda that you don't see every major power helping in Afghanistan? Some of our allies chose not to go into Iraq. This does not mean that they are no longer our allies, especially when they are actively helping us in other countries... People are way too narrow minded about this. It's disturbing, becasue these dolts are all voting for Kerry, and he just may be President, although I seriously doubt it. I repeat: Kerr's nonsense abou the U.S losing it's allies it just that. Don't be a moron!

Farenheit 911. Please... Farenhype 911. If after watching that, you can't see what Moore is doing, then you're a moron.

Bush's environmental policy: I do not like a lot of it, and will probably agree with the Bush bashers on most things, but to say that's he's trying to ensure the demise of our planet is just plain stupid.

[farrell2k]

Sadam was bribing France, Germany, Russia and the UN to lift sanctions so he could startup his WMD program again. Why would anyone care that the only vocal non-supporting coutries were France, Germany and Russia against the US/Britian led coalition acting according to a UN resolution to use force.

Bribing the most oil hungry nations in thw world with cheap oil? *Gasp* How absolutely unbelievable. There's a reason these countries did not enter Iraq, and it has nothing to do with their feelings on it. They all voted unanymously for him to diable his wmds, shortly before the invasion...

Unfortunately, GPF, the blind hatred of Bush by many on this board will not allow them to see the truth you write.

[GPF]

Goerge Bush sent me $400. That's good enough for me to vote him into office again. We all pay fewer taxes with Bush. The many uninformed on this board yap on and on about the $89B in tax cuts o the richest 1%, but then somehow conveniently do not mention the $146B tax cuts for the middle class. ..|.,

The Patriot act: They'll wine about the patriot act being unconstitutional, and causing the loss of all of our civil rights. Oh no! I can't even talk on my phone anymore without big brother monitoring my calls. Please. 99% of the people who wine about the patriot act are COMPLETELY uninformed about it, and are just spouting off nonsense that they hear from coworkers and on dumba$$ web sites. I am sure there are problems with the patriot act, but for the love of God, it won't even affect 99% of the entire U.S. population! You have lost nothing, and are now safer because of the Patriot act.

Allies: The bush haters and the uninformed whine about the U.S. not having allies. What? Are you that blinded by hatred of Bush, and that gullable enough to actually believe Kerry's propaganda that you don't see every major power helping in Afghanistan? Some of our allies chose not to go into Iraq. This does not mean that they are no longer our allies, especially when they are actively helping us in other countries... People are way too narrow minded about this. It's disturbing, becasue these dolts are all voting for Kerry, and he just may be President, although I seriously doubt it. I repeat: Kerr's nonsense abou the U.S losing it's allies it just that. Don't be a moron!

Farenheit 911. Please... Farenhype 911. If after watching that, you can't see what Moore is doing, then you're a moron.

Bush's environmental policy: I do not like a lot of it, and will probably agree with the Bush bashers on most things, but to say that's he's trying to ensure the demise of our planet is just plain stupid.

Amen. I got $800. First president to ever send me money, that I should have never paid to begin with. That also bought my vote too

I would love for the OP topic to be true, but I would have to agree if he fell under that law he probably would have never been a senator.

[OneThirty8]

Ok tell us what is so wonderful about him? Maybe you like his Patriot Act that gives law enforcement officers almost unlimited power, as well as take away people's freedom's. Perhaps you are happy to see over 1000 troops dead in Iraq over WMD..err wait Im sorry there not really there but he was a much needed target anyways.

I watched the debates, all bush could come up with is another topic to avade making himself look bad. Ask Bush about his tax cut for the rich, he studders and starts to talk about how education is doing well and we should focus on that. Wow so giving back U.S. Tax dollars to the rich has helped our education, oh wait he just evaded the topic agian. So Since Bush didn't tell us anything so good about himself, why don't you tell us?

You like Kerry, fail to understand that a good job, requires a good education. That is scary that someone running for president doesn't understand the basic fact about good education equals a good job.

First of all, a good education does not always translate into a good job. It will very often help, but if you get an education and suddenly there's no demand for whatever it is that you now know how to do, you'll still be waiting tables at Denny's. I'm not knocking education, but many people are educated and uneployed/underemployed. Also, college isn't 'right' for everybody. Some guys are good with their hands and not with books. Does that mean that they don't deserve a chance at a job that pays well? These guys may not be heart surgeons or trial attorneys, but we need people to do all of the things that we take for granted. Isn't it fair that the guy that prepared my dinner can afford to buy food for himself and his children? Doesn't it make sense to reward hard working people as much as we reward people who worked hard in school?

Also, if Bush wants to talk to America about education, he should try getting on himself. Sure, he went to college, but he obviously didn't learn very much.

Tax cuts for people making more than $200,000 a year was great for the economy that pulled this country out of the Clinton/Gore recession in record time.

I don't think that cutting taxes for people who already had plenty of money really is the answer during hard times. It's these people who should be picking up the slack for the less fortunate, not the other way around.

Why is tax cuts for small business' bad? They are the largest supplier of new jobs.

Tax cuts for small businesses that employ people is certainly not bad. Tax cuts for some dude that makes money off of something and therefore qualifies as a 'small business' but is really just some rich dude doesn't seem necessary. Tax cuts for large corporations are not needed either.

Why is it that liberal think that raising taxes will somehow stimulate an economy?

Perhaps it's more like this:
A liberal comes in, sees the mess that his Republican predecessor left, and raises taxes because somebody's got to do it. Then, he does some juggling to help bring the economy back from the brink of disaster, thereby helping the working class. It's not that liberals raise taxes to stimulate the economy. It's just that liberals often have to raise taxes, and liberals tend to do things to help the economy at the same time.

Raise taxes, productivity is lowered. Research any communist nation history, redistrubution of wealth does not work.

When you have a Communist country with a government plagued by greed and corruption, of course it's not going to work.

I don't care why we went Iraq, we are safer in the USA with bush.

I don't feel safer.

Kerry want to talk about other countries feelings. I want someone who will do what is best for this country regardless.

Kerry wants to talk about the feelings of people in other countries because right now they're feeling very pissed off, and rightfully so. You don't go telling the rest of the world 'it's my way or the highway' and expect something good to come of it.

Sadam was bribing France, Germany, Russia and the UN to lift sanctions so he could startup his WMD program again. Why would anyone care that the only vocal non-supporting coutries were France, Germany and Russia against the US/Britian led coalition acting according to a UN resolution to use force.

I didn't think the UN was ready to use force, which is why we're there and the UN isn't. I'm not saying that we should have let Saddam get away with murder. We just should have shown some sensitivity toward the rest of the world, and at least had a plan to get us out of there after we 'won' the war. Supposedly, the mission was 'accomplished.' We're still there, and more soldiers are dying every day. I think that the men and women in our armed forces have every reason to feel betrayed right now. WMD's or no, they were put into a dangerous situation without a plan to get them out.

Plus I heard on the radio today that there were all kinds of links between Sadam and Al Quida. Even the 911 report said there were links, the just could not calaberate them but those were not the only reports that show the links. Research it.

Last I heard, there were no operational ties between Iraq and Bin Laden. Also, as I understand it, Osama Bin Laden held quite a bit of hatred of Saddam.