Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: Cheerio
He legally became President on the day the SCOTUS swore him into office. He can only be removed via IMPEACHMENT.

Beg to differ, but this situation is unprecedented in our history. We have to look to how our traditional law functions in similar instances to determine how to proceed if he's found to have committed actual fraud against us.

In any similar instance, I don't believe that any court would find that because a person was elected and sworn in, that that somehow mitigates the fact that they were never entitled to the office to begin with. There is no retroactive immunity from logic and reason in this regard, in my personal opinion.

Only a qualified President can be impeached, per the Constitution. If Obama is proven to be unqualified, and therefore ineligible to hold the office of President, then it just does not follow that he must be impeached. Logically, and legally, I don't believe he can be, as he was never the President to begin with (even though that fact is discovered after the election and swearing in).

Again, I believe that we have to look to how any other fraud of this type would be prosecuted, to divine the answer.

4,745 posted on 08/02/2009 11:56:50 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
[ Post Reply | Private Reply | To 1937 | View Replies ]


To: Windflier

You are right. The Constitutional qualifications are precise and fixed. No swearing in ceremony can obviate them. If a swearing in ceremony meant that the Constitution could be violated every moment of every day by the swearee, the the President would be placed above the Constitution, and I can tell you that he is NOT. He is subservient to it.

If an individual is not qualified under the Constitution then he CANNOT be President. Ever. At all. And that means that Obama would not have to be removed for the Presidency, as he would NEVER HAVE BEEN PRESIDENT AT ANY TIME. All his acts would be void.


4,754 posted on 08/03/2009 12:03:42 AM PDT by John Valentine
[ Post Reply | Private Reply | To 4745 | View Replies ]

To: Windflier
The COURTS are not going to take this case, EVER. The American public will have to forcibly remove him, if he is found ineligible to sleep in the White House. OR CONGRESS CAN IMPEACH. Believing in our court system is a huge mistake. Watch what Sotomayor does while sitting on SCOTUS - she is put there to institutionalize AFFIRMATIVE ACTION.
5,127 posted on 08/03/2009 8:06:48 AM PDT by Cheerio (Barack Hussein 0bama=The Complete Destruction of American Capitalism)
[ Post Reply | Private Reply | To 4745 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson