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This is probably a dumb question to ask, but I still wanted to ask it anyways. Also, could the present SCOTUS eventually overturn many of what, both, Obama and the leftist Congress make into law, due to much of what they pass being unconstitutional?
1 posted on 10/09/2009 8:53:21 AM PDT by johnthebaptistmoore
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To: johnthebaptistmoore

No.


2 posted on 10/09/2009 8:54:04 AM PDT by La Lydia
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To: johnthebaptistmoore
If it is proven he is ineligible, it would not be impeachment. It would be an annulment.

If he is impeached, then his laws stay on the books.

3 posted on 10/09/2009 8:55:01 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: johnthebaptistmoore

Useless Thread


5 posted on 10/09/2009 8:57:17 AM PDT by gathersnomoss (General George Patton had it right.)
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To: johnthebaptistmoore

No. Impeachment is a polictical process. Even if a President is impeached, it does not changed the fact that he was in fact President when he signed any bills.

Congress would have to change any laws.

I do not see either happening any time soon, but it could happen, but like I say, not likely.


6 posted on 10/09/2009 8:57:17 AM PDT by CIB-173RDABN
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To: johnthebaptistmoore

I doubt anything will happen to him. He’s supposed to be “The One.”

They’d bomb American cities.


7 posted on 10/09/2009 8:59:32 AM PDT by wastedyears (If I don't have a right to play defense, then I'll go on offense. - FReeper Enterprise)
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To: johnthebaptistmoore

No. A law is declared unconstitutional when a Court strikes it down. If there are laws you believe to be unconstitutional and you are a party “with standing”, contact your nearest chapter of the Federalist Society and find a lawyer to pursue a case!
http://www.fed-soc.org/chapters/


8 posted on 10/09/2009 9:00:18 AM PDT by worst-case scenario (Striving to reach the light)
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To: johnthebaptistmoore

Removal from office. Impeachment is just the indictment phase. The House of Representatives acts like a Grand Jury. The Senate tries and upon conviction, removes the officer from office. Criminal charges would be a separate trial in regular courts following removal.

In the case of someone who has achieved the office via a fraudulent election, and who also in ineligible for office on the basis of not meeting the minimal Constitutional requirements for office, in either case it is not clear that impeachment would have to take place.

Nor is it clear what the result of laws and decrees initiated during such a term of a invalid office holder would be. Statute law can not override the Constitution.

Also, most of Federal Law passed since FDR is unconstitutional, but the courts have been lazy or corrupted.


10 posted on 10/09/2009 9:00:43 AM PDT by bvw
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To: johnthebaptistmoore

No, because the executive power would still have been vested in him. Impeachment and removal would simply remove the executive power from him and vest it in someone else.


11 posted on 10/09/2009 9:01:52 AM PDT by cotton1706
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To: johnthebaptistmoore

You cannot impeach someone who was never POTUS in the first place. “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”: U.S. Constitution, Amendment 20 http://www.usconstitution.net/xconst_Am20.html


12 posted on 10/09/2009 9:02:10 AM PDT by shooter223 (the government should fear the citizens......not the other way around)
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To: johnthebaptistmoore

He isn’t going to be impeached he will be marched out by US Marshalls and placed in one of those beat down Yellow cabs of DC, that feel like they are coming apart.

He is ineligible, so impeachment would not apply.


15 posted on 10/09/2009 9:05:22 AM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: johnthebaptistmoore
I also don't see Obama ever really being impeached unless the GOP as well as conservatives in general actually have a supermajority...

No republican/conservative is going to impeach "the first black president". Ain't gonna happen, period.

His own party may impeach, however, when it becomes apparent that their left wing is fomenting their destruction.

16 posted on 10/09/2009 9:12:00 AM PDT by randog (Tap into America!)
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To: johnthebaptistmoore

no.

They’d have to go back and undo it with new laws


17 posted on 10/09/2009 9:14:50 AM PDT by GeronL ("On my twelfth day in office, Nobel nominated me..")
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To: johnthebaptistmoore

Is that what happened when Clinton was impeached?


18 posted on 10/09/2009 9:20:27 AM PDT by stuartcr (If we are truly made in the image of God, why do we have faults?)
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To: johnthebaptistmoore

Forgive me for questioning anyone’s hope that this national nightmare could end before 2012, but I hope you’re not staying awake at night, dreaming of this scenario to become a reality. Look at what we all went through when a proven sexual harrasser, abuser of power, liar to investigators and the American people, misogynistic POS of a POTUS was caught with his pants down....ain’t gunna happen! (But we can always hope...)


26 posted on 10/09/2009 9:26:01 AM PDT by matginzac
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To: johnthebaptistmoore

Not for impeachment, only if he is found to be ineligible.


35 posted on 10/09/2009 9:41:03 AM PDT by MortMan (Stubbing one's toes is a valid (if painful) way of locating furniture in the dark.)
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To: johnthebaptistmoore

Everything he’s done is already null and void - damn constitution...


38 posted on 10/09/2009 10:29:43 AM PDT by mudblood
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To: johnthebaptistmoore

This is probably a dumb question to ask, but I still wanted to ask it anyways. Also, could the present SCOTUS eventually overturn many of what, both, Obama and the leftist Congress make into law, due to much of what they pass being unconstitutional?

***

That is a tricky situation - and SCOTUS would have to weigh in on this, even in an advisory opinion (which it doesn’t normally do). It is not in the Constitution - but this situation was never contemplated by the Founding Fathers.

Let me try to put this simply - the questions I pose would be for SCOTUS to decide ...

1. Many states, such as NJ have laws that state if a person is found to be ineligible - then his election is null and void, even after assuming office.

Does this mean that he never held the office? If so, are all acts committed while he was in office valid?

2. In the case of POTUS - does the VP assume the presidency (assuming he is eligible) under the 25th Amendment?

The reason I ask is that the same electors whose votes in the Electoral College are invalidated for Obama are the same electors who elected Biden VP. The 12th Amendment erased the electoral voting problem in Article II, Section I by separating the vote for POTUS and VP in the Electoral College.

But, it did not erase the problem in the General Election.

In the General Election, the public voted for one slate of electors to vote for both POTUS and VP in the Electoral College. McCain/Palin had 538 separate indiividual electors and Obama/Biden had 538 different electors. The Electoral College was constituted of 365 Obama/Biden electors and McCain/Palin had 173.

If those Obama/Palin electors have their votes for Obama tossed, do they also get tossed for Biden?

Or does SCOTUS rule that the implicit intent of an individual voter for Obama/Biden is that if Obama is ineligible, then they want Biden at the top?

Since most voters only vote the top of the ticket - who is to say that they would have voted Democratic if say, it had been Clinton/Biden?


39 posted on 10/09/2009 11:03:30 AM PDT by Lmo56
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