Posted on 07/06/2008 4:36:14 PM PDT by 21stCenturyFreeThinker
I've never posted a vanity before but I couldn't think of another place to post this. It seems like it should be an important part of the Obama birth certificate discussion.
Anyway, I got to wondering what would happen if Obama were to win the election in November but then be found to be ineligible for the office. Timing would make a huge difference in the outcome.
The possibilities I see are:
1) He is exposed after the electoral college votes but before taking office. The 20th amendment says the VP elect gets it.2) He is exposed after taking office. The VP assumes the office under the usual rules of succession.
3) He is exposed between the election and the time the electoral college votes. In this case the electors pledged to Obama would be free to elect another candidate. Not necessarily one who actually ran for president.
Scenario 3 would open the way the way for a much more radical candidate to assume the presidency and would make the election of 2000 look like a cakewalk. A scary result for sure but it doesn't look like it would pose any Constitutional problems. That's the way the electoral college is designed. I don't see anything for the courts to do in such a case. The choice of the electors would take office.
The whole subject of the electoral college is relevant here. Remember the November election is just to choose the electors for each state. The electors are the ones who actually vote for president and are at best loosely bound to their candidate. Each party chooses who the electors are in case they win. You can bet they are almost all enthusiastic supporters of their respective candidates.
For some background see this discussion of faithless electors. on Wikipedia. There is some discussion of Scenario 3 in there.
I'm not a constitutional scholar so maybe I'm wrong. Any thoughts?
Fine, I’ll fill the void ;<)
The thing that gets me about all this is that eligibility should be proven before they’re even allowed in the running. I can’t fathom being able to run for president in this country without presenting proof that you’re actually allowed to.
4) He refuses to resign as president, and consequently, is impeached and removed from office. His VP assumes the presidency.
The thing that gets me about all this is that eligibility should be proven before they’re even allowed in the running. I can’t fathom being able to run for president in this country without presenting proof that you’re actually allowed to.That process is up to the Secretaries of State of each of the states when they certify the ballot. I would think at least one of them could investigate this.
Who vets these turkeys before they can run for office?
Did the federal election commission drop the ball big time?
One of the things that bother me is that I understand that in Hawaii the family has to ask for the actual birth certificate....
Now, cannot someone outside the family get the actual data that is on the birth certificate without the consent of the family under some sort of freedom of information act??
Or as some Freepers say.
5) A Dem lead Congress refuses to impeach him letting Obama serve in defiance of the U.S. Constitution.
Could be Hillary & Co., will feed some good info on Obama, during the Dem Convention or before election, to the Repubs so Repubs come out with it. Then Hillary & Co., can wear a halo and get elected.
What is a vanity post?
4) He refuses to resign as president, and consequently, is impeached and removed from office. His VP assumes the presidency.Good point, but remember that a Democratic Congress has to impeach and convict him. The Constitution doesn't say they have to.
Could the Supreme Court force the President from office if he was found to me ineligible? My guess is no.
Shouldn’t some entity be suing Obama under the Freedom of Information Act to see a lawful birth certificate before we go through the election? To make it “fair and balanced,” both he and McCain both could be made to do so.
And if it’s not already the law, there should be a law that requires proof that the candidate is a “natural born citizen” as they file to run for the nomination. This will be crucial with all the immigrant monkey business going on the the US now.
If Obamarama knows he is not eligible to be president could there be charges brought against him for running under false pretenses?Could be but it definitely is in uncharted waters. I think the President has some immunity for official acts until he is out of office but I don't know the details.
Who would you "present" it to?
I he has a valid American passport, then he has a valid American birth certificate. End of quibble.
Some blogger has intiated the FIA for information on the alleged Obama BC. It appears that Obama is not going to further release information on his status unless he is compelled to do so by an official investigation possibly from the Federal Election Commission or possible law suit, etcetera.
What ... aren’t bi-sexuals eligible to be President?
5) He chooses Bill Clinton as his vp. Bill can’t serve again, Nancy Pelosi becomes president.
I don’t understand why this can’t be known before the election. His vp and all other white house staff and appointees must under go a FBI background check, but, not the presumptive nominee. This would be a serious crime he could go to jail for, unlike, his drug dealing in Chicago.
“I he has a valid American passport, then he has a valid American birth certificate. End of quibble.”
Not necessarily:
“Proof of Citizenship
Any one of the following may be used as proof of citizenship
* Previous U.S. Passport (mutilated, altered, or damaged passports are not acceptable as evidence of U.S. citizenship.)
* Certified birth certificate issued by the city, county or state
NOTE: A certified birth certificate has a registrar’s raised, embossed, impressed or multicolored seal, registrar’s signature, and the date the certificate was filed with the registrar’s office, which must be within 1 year of your birth
* Consular Report of Birth Abroad or Certification of Birth
* Naturalization Certificate
* Certificate of Citizenship
A Delayed Birth Certificate filed more than one year after your birth may be acceptable proof of citizenship if it:
* Listed the documentation used to create it and
* Signed by the attending physician or midwife, or, lists an affidavit signed by the parents, or shows early public records.
If you do NOT have a previous U.S. passport or a certified birth certificate, you will need the following for proof of citizenship:
1. Letter of No Record
Issued by the State with your name, date of birth, which years were searched for a birth record and that there is no birth certificate on file for you.
2. AND as many of the following as possible:
* baptismal certificate
* hospital birth certificate
* census record
* early school record
* family bible record
* doctor’s record of post-natal care
NOTES:
* These documents must be early public records showing the date and place of birth, preferably created within the first five years of your life.
* You may also submit an Affidavit of Birth, form DS-10, from an older blood relative, i.e., a parent, aunt, uncle, sibling, who has personal knowledge of your birth. It must be notarized or have the seal and signature of the acceptance agent.
If you were born abroad AND do not have a Consular Report of Birth Abroad or Certificate of Birth on file, you will need the following for proof of citizenship:
1. If you claim citizenship through birth abroad to one U.S. citizen parent:
* Foreign birth certificate,
* Proof of citizenship of your U.S. citizen parent, AND
* An affidavit of your U.S. citizen parent showing all periods and places of residence or physical presence in the United States and abroad before your birth.
2. If you claim citizenship through birth abroad to two U.S. citizen parents:
* Your foreign birth certificate,
* Parent’s marriage certificate, AND
* Proof of citizenship of your U.S. parents and an affidavit of your U.S. citizen parents showing all periods and places of residence of physical presence in the United States and abroad before your birth.
NOTE: The following are NOT proof of citizenship
* Voter registration cards
* Army discharge papers
NOTE: If you travel extensively, you may request a larger, 48-page passport at no additional cost. To do so, please attach a signed request for a 48-page passport to your application.
FOR MINORS UNDER THE AGE OF 14:
The citizenship evidence submitted for minors under the age of 14 must list both parents’ names.”
http://www.us-passport-service-guide.com/obtain-a-us-passport.html
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