Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Tex-Con-Man
A court finds the president ineligible...what is it that you think would happen as a result? Impeachment? Court ordered removal from office?

If he is ineligible, he's not the President, by definition. Thus impeachment would not be needed nor be permissible.

Since he would no be President, no one would or should follow his orders. Any laws he signs would not be valid because they were not signed by the President.

How much of that would be retroactive, is another question.

53 posted on 07/24/2010 7:46:45 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
[ Post Reply | Private Reply | To 47 | View Replies ]


To: El Gato

If he is ineligible, he’s not the President, by definition. Thus impeachment would not be needed nor be permissible.

Since he would no be President, no one would or should follow his orders. Any laws he signs would not be valid because they were not signed by the President.

How much of that would be retroactive, is another question.


Could you point us to where in the US Constitution the judiciary is given the power to remove from the presidency a person who has had their Electoral College votes counted and certified at a Joint Session of Congress and who has been sworn in on Inauguration Day?

None of the Courts that have read legal briefs on this issue have agreed with your interpretation and at least one federal judge has rendered a decision that is exactly the oppposite:
“There may very well be a legitimate role for the judiciary to interpret whether the natural born citizen requirement has been satisfied in the case of a presidential CANDIDATE who has not already won the election and taken office. However, on the day that President Obama took the presidential oath and was sworn in, HE BECAME PRESIDENT of the United States. Any removal of him from the presidency must be accomplished through the Constitution’s mechanisms for the removal of a President, either through IMPEACHMENT or the SUCCESSION PROCESSS set forth in the Twenty-Fifth Amendment. Plaintiffs attempt to subvert this grant of power to CONGRESS by convincing the Court that it should disregard the constitutional procedures in place for the removal of a sitting president. The process for removal of a sitting president–REMOVAL FOR ANY REASON–is within the province of CONGRESS, NOT the courts.”—US District Court Judge David O. Carter in dismissing “Captain Pamela Barnett, et. al. v Barack H. Obama, et. al.,” October 29, 2009


56 posted on 07/24/2010 9:49:23 PM PDT by jamese777
[ Post Reply | Private Reply | To 53 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


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