Posted on 10/27/2013 9:54:40 PM PDT by rocco55
The Constitution specifically allows the pocket veto.
The Constitution only allows Congress to COUNT - you know, like one, two, three - the electoral votes. The Constitution does not allow Congress to throw out votes. The statute specifically states that they have NO DISCRETION to throw out votes that are properly certified by the States.
Night and day difference. If they would throw out properly-certified electoral votes because they claimed that Obama is ineligible they would be breaking the law and overstepping what the Constitution authorizes them to do. Totally different than the pocket veto.
The courts threw out the will of the people with CA’s Prop 8.
In fact, the courts do it all the time. And the 20th Amendment specifically says that if the people vote in a President who fails to qualify, that elected person cannot ACT as President. The Constitution itself asserts its supremacy over the Presidential vote. There’s no way to get around that, and I don’t understand why anybody would try. If they don’t qualify they cannot be President. It’s that simple. Otherwise the Constitution’s qualifications mean nothing.
This is the most undervalued thread of the year. More important than Benghazi, IRS scandal, HHS scandal, NSA and DOJ eavesdropping scandals combined. All these scandals started with one bad pedigree!
Bullshot....negotiating with an adversary may be interpreted as a
legitimate function....giving weapons to people who are trying to
kill Americans and have actively, repeatedly and consistently
stated their agenda of destroying America meets the black letter
legal definition of treason.
Charging him and hanging him would certainly be a formidable
task....but it would still be a legal, necessary, moral and necessary
act.
The 20th amendment references the President-ELECT not the sitting president. Once the Oath of Office is administered there is no more President-Elect and the only recourse becomes impeachment and trial in the Senate.
20th Amendment 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.”
By certifying the Electoral votes of the President-Elect at the Joint Session of Congress, the legislative branch is saying that the President-Elect has qualified.
Under the provisions of the 12th amendment whoever receives a majority of the votes of the Electors (270 Electoral votes) “shall be the President.”
The President elect who failed to qualify was never supposed to act as President. And if it is ever found that he didn’t qualify he is Constitutionally disabled from acting as President. If they found out today that Obama was never eligible he could not do one more Presidential thing, and the stuff he had already done would have to be sorted out by a court, IMHO.
The counting of the electoral votes is just that and nothing more: the counting of the electoral votes. Congress has no legal choice but to accept whatever electoral votes are properly certified by the States. So what’s your big deal about that? So they can count. That’s all it is. Getting the electoral votes simply means that someone was elected. They became the President elect. QUALIFYING is a totally different matter, as the 20th Amendment makes abundantly clear.
But we’ve been over this so many times the carpet is already worn out. You’re never gonna get it and there’s nothing you can say that is gonna negate what’s in the 20th Amendment so I’m never going to agree with you
Thanks, butter.
SHUT UP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Satire????? or a display of a gross lack of verbal skills. Hard to tell which.
“If the right of duty devolved to somebody in the line of succession who was Constitutionally disabled from acting as President and that person still tried to act as President, the courts would have to determine that the person was not able to act as President, because it is a case or controversy arising out of the Constitution and laws.”
The Executive Branch and the Judicial Branch of Government stand on equal footing. If the Judicial Branch unilaterally opined the President must be removed and a qualified President should be put in place, then the Judicial Branch is superior to the Executive Branch.
The House is the voice of the Will of the People. Consequently, removal of a President begins with impeachment by the House (the Will of the People has changed since the Electoral votes were counted). The Senate is the voice of various States. The Senate conducts a trial after impeachment. The trial is preceded over by a Judge from the Judicial Branch. Impeachment and conviction at trial is only way to remove an unqualified President.
The Bill of Rights protects individual rights. An individual may object to the laws and regulations of a usurper in Federal Court. The individual has standing when they can demonstrate an immediate, personal impact of a law or regulation signed by the usurper, i.e. show proof of Health Insurance or be taxed. The President must show proof of eligibility. An individual with standing can subpoena the President’s complete birth record, college records and naturalization records to prove he is not eligible.
The Court can only rule on the objection by the individual. The Court cannot unilaterally remove a usurper. The Court can rule the individual who objected to the impact of a tax signed by a usurper will be waived until a new President takes office. The DeFacto Officer Doctrine indemnifies the U.S. Government from harm by carrying out the Will of the People. Once the usurper leaves office, his laws and regulations cannot be objected too, but can be changed by the new President.
The Constitution protects the People from the Government. The Bill of Rights protects individuals from the Will of the People. Individuals can only sue a usurper on the behalf to protect themselves and cannot overcome the Will of the People to elect a usurper. The Defact Officer Doctrine protects the Government from the Will of the People who have chosen to elect a usurper.
no- totally serious- if you don’t like the ‘birther’ issue then don’t join the threads
We could do without your negativism.
I am a computer software engineer, who has written imaging software. I knew for a fact this is a fake 10 minutes after I first saw it, on the day it was released. You obviously have no idea how this shocks your system, when you discover the pResident is a LIAR and FRAUD!!
Find your own area of expertise and go after him on all fronts- don’t pi$$ on our issue where people like me have personal info available to use against this traitor.
If you don’t think it has traction then WHAT ISSUE ARE YOU PURSUING? Or are you just here to demoralize the troops? That was a capital offense in wartime.
If you like spending all your time and energy tilting at
windmills knock yourself out. The issue of Obamas eligibililty
is a NON issue, it’s irrelevant and by obsessing over it you
play into the plans of the administration . ‘As long as attention
is focused on the “birther” which is a dead end its NOT being
focused on the other more immediate, urgent and destructive
activity’s going on.
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