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To: LadyPilgrim
I heard Hal Lindsay say the other night that if ‘o” is not eligible, because of a proper birth certificate, the dim party is disqualified and forfeits the election and John McCain takes over as President-elect, via the SCOTUS decision.

There's an awful lot of misinformation about how this would work going around. If Obama is found by the SCOTUS to not be qualified before the Electors meet, then the Electors pledged to vote for him are released from that pledge and can vote for whomever they wish. They aren't automatically reassigned to some other person.

If he's found to not be qualified after the Electoral College elects him, then it's up to the Justices to refuse to administer the oath of office (assuming he doesn't gracefully withdraw). Still, the oath can be administered by any judge and certainly one willing to do so can be found. That would precipitate the worst Constitutional crisis in our history (excepting the Civil War, I guess). Obama would literally "Not be my president!" and I suspect a large portion of the military would refuse his orders.

52 posted on 11/22/2008 10:40:38 AM PST by Doug Loss
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To: Doug Loss

Thank you for the info. It will be an interesting time, I’m sure.
All we can do is to continue to pray for our nation.


59 posted on 11/22/2008 11:10:13 AM PST by LadyPilgrim ((Lifted up was He to die; It is finished was His cry; Hallelujah what a Savior!!!!!! ))
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To: Doug Loss
There's an awful lot of misinformation about how this would work going around. If Obama is found by the SCOTUS to not be qualified before the Electors meet, then the Electors pledged to vote for him are released from that pledge and can vote for whomever they wish. They aren't automatically reassigned to some other person.

I agree. Actually, any "pledge" would be administered by a party/state, and such "pledges" might not stand up to Constitutional muster, since there's no such restriction in the Constitution itself. The electors are free to choose anyone, as it's written.

If he's found to not be qualified after the Electoral College elects him, then it's up to the Justices to refuse to administer the oath of office (assuming he doesn't gracefully withdraw). Still, the oath can be administered by any judge and certainly one willing to do so can be found. That would precipitate the worst Constitutional crisis in our history (excepting the Civil War, I guess). Obama would literally "Not be my president!" and I suspect a large portion of the military would refuse his orders.

I'm not sure about that scenario. The Founders never envisioned anyone of questionable eligibility ever getting that far in the electoral process, so there's no specific guidelines in the Constitution for this circumstance. If he takes the honorable route, and withdraws, we might have Joe Biden as President as of the March 4 deadline indicated in the 12th Amendment.

It's really an unknown -- but, certainly "the worst Constitutional crisis in our history" is the correct characterization.

102 posted on 11/22/2008 3:19:59 PM PST by browardchad
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