Frank Salvato Frank Salvatois
the Executive Director and Director of Terrorism Research for
a non-profit, non-partisan, 501(c)(3) research and education
initiative. His writing has been recognized by the US House
International Relations Committee and the Japan Center for
Conflict Prevention. His organization, BasicsProject.org,
partnered in producing the original national symposium series
addressing the root causes of radical Islamist terrorism. He is
a member of the International Analyst Network.
He also serves as the managing editor for The New Media Journal.
Mr. Salvato has appeared on The O'Reilly Factor on FOX News
Channel, and is a regular guest on talk radio including on The
Captain's America Radio Show airing on AM1220 WSRQ and on the
Internet catering to the US Armed Forces around the world and on
The Roth Show with Dr. Laurie Roth syndicated nationally on the
USA Radio Network. His
opinion-editorials have been published by The American
Enterprise Institute, The Washington Times & Human Events and
are syndicated nationally. He is occasionally quoted in The
Federalist. Mr. Salvato is available for public speaking
I have always
been one to say that I cannot know the answer to the "birthers’”
question of whether Mr. Obama is eligible to hold the Presidency. I
can’t answer the question because I am being kept from examining the
only documents that do exist to prove the point. To date, I have
heard all the arguments and seen all the propaganda – from both sides of
the issue – and for all the uproar there is only one way to know who is
right and who is mistaken. But the "birther” issue is a literal
smoke-screen issue and one that is covering up a much more serious
one; one that threatens to produce a constitutional crisis.
In examining this subject in the days after it first presented, our
BasicsProject.org, tasked with educating and informing the citizenry
on matters that include constitutional literacy, began to ask questions
in an effort to honestly understand the facts of the matter. As our
examination progressed it became abundantly clear that there exists no
mechanism for the enforcement of Article II, Section 1 of the United
"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
During our examination of the issue we contacted each of the State
Boards of Election and/or Secretary of State’s offices to ask whether
they or another organization within their jurisdiction required
candidates for the Executive Branch offices to present first-source,
vaulted proof of their prerequisite satisfaction of Article II, Section
1. They shared with us that their candidacy filing requirements for any
elected office includes:
Statement of Candidacy – This form (this link is an FEC form but it
encompasses the requirements of every state) requires each candidate to
provide his name, address, party affiliation, office sought, the state
and district of the contest, a designation of a principle campaign
committee, the designation of other authorized committees and a
declaration of intent to expend personal funds. Lastly, it requires a
potential candidate to "attest” that he or she is "qualified for the
office specified.” At no place in the official guide or paperwork is a
birth certificate or other form of verification of natural born
▪ A Loyalty Oath (Ironically, this is optional)
▪ Receipt for filing a Statement of Economic Interests (This is not
required for Federal Office or political party offices).
▪ Completed Nominating Petitions – These petitions must be correctly
filed out, notarized and contain a sufficient number of original
signatures as set forth by the election commission.
When pressed about verifying documents that prove prerequisite
satisfaction of Article 2, Section 1 of the US Constitution, they
responded, in total, that it wasn’t their job. Here are some of
"Under Florida law, the way in which a major party’s candidate is placed
on the ballot is that the state executive committee of each political
party submits its slate of presidential electors for its candidate
before September 1st of each presidential election year; then, by law,
the names of candidates are printed on the ballot. Those candidates are
not required to provide any documents to the State that they meet the
qualifications for office."
"The North Carolina State Board of Elections has accepted the
nominations for President from the Democratic, Libertarian and
Republican Parties as presented by those parties. The North Carolina
State Board of Elections does not have jurisdiction to hear a challenge
to the eligibility of these Presidential candidates."
"While the Secretary of State certifies candidates for the ballot, each
political party is legally responsible for choosing the candidate they
wish to place on the ballot."
"Please be advised that the state central committee of each political
party qualified to appear on the ballot certifies the names of its
nominees for U.S. President and Vice-President to the Secretary of State
under the signatures of the chairperson and secretary of the committee.
(See MCL 168.686) Copies of the nominees' birth certificates or birth
records are not required."
When the RNC and DNC were contacted they both implied that they had no
mechanism in place to require such documentation and that even if they
did they had no provision authorizing them to share that information
with the public.
It should be noted that the Federal Election Commission does not oversee
prerequisite requirements for candidates and is solely interested in the
financial aspect of the election process.
So, a candidate for the Executive Branch of the US government does not
have to present proof of his eligibility to any person, any organization
or any government entity prior to being placed on the ballot in every
state in the Union. The only piece of paper required – and this is
required by only some states – is an affidavit signed by the
candidate stating that he or she satisfies the requirements for the
office for which he or she seeks.
In the end, this issue is not about the "birthers” or their quest to
have President Obama’s long-form birth certificate – now sealed by the
State of Hawaii – made available for examination. In reality, it is less
about President Obama’s eligibility than it is about protecting the US
Constitution and the sanctity of
Fundamental Law. In fact, if it were to be proven that President
Obama was ineligible to hold office it would throw our country into a
constitutional crisis the likes of which has never been seen. There is
no provision for removing someone from the office of President or Vice
President of the United States who has been deemed – after the fact –
ineligible to have run for the office. The only tool available –
impeachment – would be a practical impossibility given the viciously
partisan atmosphere in Washington DC, and even then there are technical
▪ If someone is not technically the President of the United States how
does the Legislative Branch remove him or her from the position?
▪ Because the Commander in Chief would not technically exist and the
Vice President wouldn’t be technically seated as the President, would
the military be prohibited from executing any order to remove the
usurper? And who would give that order?
▪ If the Supreme Court ruled that Article 2, Section 1 was not
satisfied, where in the Constitution does it authorize them – or any
other body – to nullify a federal election?
▪ What would be the constitutional procedure for validating that the
usurper was indeed ineligible to hold office and for removing him or her
from control of the US military, the Executive Branch departments and
the United States’ nuclear arsenal?
The list of technical legal issues goes on and on...
But, in the rush to condemn the "birthers” as a fringe group and a group
detrimental to the conservative cause, conservative talk radio and
television show hosts – including Bill O’Reilly, Glenn Beck and Michael
Medved, to name just a few – have ignored this very real and very
serious issue and are helping to sweep it into the dust bin. This is not
only irresponsible, it is the antithesis of what they say they provide
the public: media entities acting as serious governmental and
constitutional watchdogs. Can this possibly be what they intended or
have they not thought the issue through completely before forming their
Our organization has facilitated the formation of an independent
The New Sons of Liberty Society, to achieve – on both a state and
federal level – legislation to require candidates for elected office of
the Executive Branch to present first-source, vaulted proof of their
eligibility to hold said office as mandated by Article II, Section 1 of
the US Constitution. Should we successfully achieve this goal,
hopefully, the next step would include the ratification of a
constitutional amendment, establishing the requirement as Fundamental
But the organization needs your grassroots activism to achieve this
goal. We need you to contact those in elected office and
in the media, especially in the conservative media, and explain this
constitutional vulnerability and ask that they pledge to protect the
fundamental law of our country,
The Charters of Freedom, and that they actively and pro-actively
support this initiative.
Only when we provide a solution to this constitutional vulnerability
will this issue pass into history. Only when we enact this solution can
we effectively safeguard the 2012 Presidential Election. To believe that
this issue can be talked or smeared into obscurity is pure folly given
the political climate in our country today.
Don’t get me wrong, I enjoy Mr. O’Reilly (I have even appeared on his
program), Mr. Beck and Mr. Medved, but truth be told, we can look out
for ourselves, thank you very much. What we need is for the conservative
media to honestly look out for the Constitution...and right now, they