Posted on 12/05/2008 4:24:01 AM PST by SonlitKnight
The United States Supreme Court, guarantor of our Constitution, gave Barack Obama until December 1st to respond to allegations that he has not provided certification of his eligibility to run for President by being a natural born citizen. That date came and went with no response from Obama. Not, mind you, merely a lack of sufficient evidence but no response at all. Source.
As a consequence, the court has no choice but to issue a bench warrant for his arrest, charging him with contempt of court. Further, because he refused to provide the Constitutional proofs, the Court can- and must- rule him ineligable and declare all General Election and Primary votes for him to be invalid.
Vote counting at the Democratic Convention was suspended, and Obama was nominated for President by acclimation, according to a motion by New York Senator Hillary Clinton. As such, the court must rule that, since Obama was ineligible, the Democratic party failed to nominate a valid candidate for the Office of President of the United States.
Since no valid objection can be raised against the Vice-Presidential cantidacy of Senator Joe Biden of Deleware, votes for him should be declared valid.
Therefore, electors pledged to Joseph Biden for Vice-President, in 29 states totaling 365 Electoral votes were elected and shall be sent to Washington on December 15th-presumably- to elect him Vice-President of the United States.
In the same manner, the Court should certify that-as the highest vote garnered among all eligible candidates- electors pledged to Senator John McCain of Arizona, for the Presidency of the United States, were elected in all 50 states and the District of Columbia.
As such, all 538 electors are to be sent to Washington DC where, on December 15th, they will presumably make John McCain our first unanimously elected President, by a vote of 538-0 over all legal opponents.
Although I did not support Senator McCain, we at A Newt One feel it our duty to invite all Americans- including democrats- to unite with us behind presumed President-elect McCain.
~Sonlit
3. Thomas Mifflin (1784)
4. Richard Henry Lee (1785)
5. L Nathan Gorman (1786)
6. Arthur St. Clair (1787)
7. and Cyrus Griffin (1788)
8. George Washington.
It says that if the President-Elect dies or fails to qualify, then the Vice-President-Elect becomes the next President. The question to be raised would be whether one becomes President-Elect when the electoral votes are cast or when they are counted in the House Chamber. In the scenerio I outlined, Biden would argue the former and McCain would argue the latter.
I cannot find this so stated in the Constitution. (Not in Article I, Section 1 or Amendement XII.)
Amendment XII indicates that there are two lists of candidates: one for President, one for Vice-President. Until the President-elect and Vice-President-elect are sworn it, it would seem to me, that, if a President-elect is shown to be ineligle, then one of two things could happen:
(1) Since there is no majority of votes registered for the next three presidential candidates, the House of Representatives would choose by ballot, the President; or (2) There would be a revote for the candidates on the revised list (excluding the ineligible candidate(s)).
If a President is found to have been ineligible AFTER being sworn in, then the Vice-President would become President.
If SCOTUS accepts the case and rules before December 15 when the Electors meet, the problem is greatly simplified. If the Court rules after the 15th and rules that a candidate is ineligible and he has received the majority of votes, then it gets dicey. Biden is Vice-President, but the process for choosing the President is not clearly spelled out.
Correction: I meant “Article II, Section 1”
How is it ridiculous pray tell?
Runner up?
If BHO is not legal, Johhny Mac is not the runner up.
agreed.
Highly unlikely. You got the piece. It was intended to push some buttons...nothing more.
only O would be disqualified...not Biden
Exactly my point. Follow the posts back.
The main thrust of this piece was to piss-off libs by turning the ‘’unite behind the new president’’ schtick on it’s ear.
Amendment XX, Section 3 says “If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, 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”
If Congress simply decides to do nothing and Obama is DQ’d, then Biden effectively becomes President.
Temporarily he will "act" as President until a "President shall have qualified." Biden will remain the Vice-President [Elect].
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