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The Constitution of 1787 in Article II vests the executive Power in a President of the United States of America.  This POTUSA is the same as the president in Article XI of the Articles of Confederation.  When the Constitution of 1787 was ratified by the thirteenth State, Rhode Island, that ratification amended the Articles of Confederation.

The Articles of Confederation are valid and viable today.  They are used to operate the Confederacy known as the United States of America.  The Constitution of 1787, as amended, is used to administer the United States Government, but not the Government of the United States.

President Barack Obama does not become President of the United States (POTUS) until he takes the oath of Office of POTUS.  The Articles of Confederation do not require an oath of office for president, so none is required under the Constitution, which has not be “Adopted.”

Senator Barack Obama is resigning because of Article I Section 6 Clause 2:  “No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time: and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.”

When the Electoral College elects Barack Obama President he immediately becomes POTUSA, because like George Washington, he doesn’t have to take an oath for that Office.  Because Obama can’t be both a Senator and POTUSA, on the day the electors meet he resigned this Sunday.

Dr. Eduardo M. Rivera

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