Posted on 12/05/2008 4:24:01 AM PST by SonlitKnight
Sounds good. Lets send Mavacuda to Washington.
Time to support our Constitution from tyrants.
When did they do that? I didn't think the issue had come before the court yet.
What?
So... after a very solid (if totally lamentable) majority vote for O, you say... McCain won, and Biden is his VP?
And what’s “acclimation”?
By examining the text of the original Constitution, and the Amendments XII and XX to that document, one can conclude that yours is a constitutionally legal and plausible, albeit unlikely, scenario.
Personally, I find the 16th amendment VERY inconvenient and do not like it one bit. This will be a huge relief to me and others like me who do not think that this thievery is fair.
Since I'm posting, here are my two favorite Obama quotes - they are very short.
If you consider that to be “stoopid logic” please use the Constitution to explain who DOES become president if “The One” is found to be ineligible.
Hint: It is NOT the VP-elect.
In days of yore, the runner-up became Vice President. That was ammended rather quickly, though.
The only problem with that is, the EC votes for the ticket, not the individual President and Vice President. If 0/Biden are disqualified before the EC vote, then McCain/Palin win.
If I'm not mistaken, George Washington was the first president unanimously elected by the Electoral College.
I will support this POS after monkeys fly out of my butt.
Have fun with that.
No, it most likely would revert to the House to qualify and select a president (Section 4 of the Amendment XX makes it pretty clear that the right of choice will still “devolve to them”, despite many claims that this element of the Amendment XII was “superceded” by Amendment XX).
And I wouldn't blame them.
Um, where do we begin?
First of all, electors from the states are chosen in a manner determined by the state legislatures. The electors chosen on election day are therefore duly appointed electors. That the State of Florida and other states opted to substitute “John McCain” and “Barak Obama” for the names of the Republican and Democratic electors is irrelevant.
The 365 Obama electors will vote for him. If Obama is disqualified, then those votes are invalid. Since no candidate will have recieved more than 270 electoral votes, then the House will decide the election between the three highest vote getters. Unless one of Obama’s electors votes for Hillary or someone else, then McCain will be the only name on the ballot. McCain wins.
Joe Biden could claim that Obama was elected President when the electoral votes were cast. Since he would have subsequently been disqualified, then under the Constitution, Joe Biden would be sworn in as President. The House and Senate would then elect a new Vice-President.
I don’t think there’s anything in the Constitution identifying the qualifications for President-elect. The Electors can vote for whomever they choose. But the 20th Amendment does specify that “if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified”.
We are unsure as to whether Barak Obama “shall have failed to qualify” before January 20, 2009. But, part of qualifying is proving that you are a were either 2) born before 1789, or 2) you were born in this country sometime after 1789, or 3) you are a natural born citizen because of one or both of your parents citizenship in accordance with laws at the time of your birth, and you are at least 35 years old.
In order to qualify, Barak Obama must prove he meets 2) because 1) and 3) he can not. That requires him to produce his birth certificate.
Now, despite a recent assertion by Senator Martinez (RINO-FL), the voters do not decide who qualifies for President. The Constitution does. By a 52% majority, or however big a popular vote victory, the voters cannot amend the Constitution in a general election.
SCOTUS I don’t think issued an order for Mr. Obama to produce a written response; they merely set a deadline. He has not met that deadline so any response he offers now won’t be considered. But failing to produce a response doesn’t seem like contempt, only an admission that he has no response to offer. This is more evidence that Barak Obama has “failed to qualify”.
Barak Obama is the President elect, by virtue of the vote on November 4th and the presumed outcome of the Electoral College vote on December 15th. The Office of the President Elect, as he likes to call it, is his to occupy.
But the Oval Office can only be occupied by a President, and Mr. Obama to-date has failed to qualify for that office.
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