If he can’t qualify, then how could the 20th Amendment ever allow him to “act as President”?
Where in the 20th Amendment does it say that being elected, certified as the electoral winner, and/or taking an oath of office wipes out what it specifically says - that failure to qualify means a President elect cannot “act as President”?
You’re right; the military should not decide who is Constitutionally able to “act as President”. SCOTUS should ultimately do that. They wimped out by refusing any cases. What Lind should have done was to order the SecDef to file a Quo Warranto case on behalf of Terry Lakin. That would FORCE the civilian courts to do what the military courts can’t, but which our military heroes like you and your son need in order to keep their officers’ oaths.
The civilian courts should NOT be giving you, your son, Lakin, my nephews, or any of our fighting heroes the middle finger salute. That’s all I’m saying. Denise Lind could have compelled them to do right. Instead she acted as puppet to the coup and pretended that even Joseph Stalin could lawfully “act as President” - a man who could NEVER “qualify” as required by the 20th Amendment.
“You’re right; the military should not decide who is Constitutionally able to “act as President”. SCOTUS should ultimately do that. They wimped out by refusing any cases.”
The Supreme Court doesn’t see it that way. I’d bet my last penny that they figure: “Hawaii says Obama was born in the USA, and we’ve already argued in WKA that anyone born in the USA (with few exceptions, none of which apply to Obama) is a natural born citizen. Thus, he is qualified.”
Do you really think the US Supreme Court would refuse to take a case if they thought there was any chance Obama wasn’t qualified?
“What Lind should have done was to order the SecDef to file a Quo Warranto case on behalf of Terry Lakin.”
Lind didn’t have the authority to order the SecDef to do anything. Her authority is under his. That would be like a LT ordering a Colonel to go do something.
And the way the military framed the charges, it really DIDN’T matter who the president was. The order to appear in your CO’s officer has nothing to do with the President. The order to report to such and such a Fort on such and such a date doesn’t fall under the President. It falls under Congress, which has given the Army authority to require that.
The charges against Lakin were narrowly drawn. I think that was intentional. I think they drew up charges that would be easy to prove and which would NOT require anything from the President. That way, the issue wouldn’t come up.
In a court, your reason for doing something isn’t important (usually). What really matters is what you do. And Lakin was ordered to show up in his CO’s office, and he did not do so. That didn’t involve Obama. Any CO can give an order like that, and who is president doesn’t matter.