Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Rapscallion
Even the President, once he is sworn in, is entitled to due process

"Swearing in" does not make one President. You have to be qualified, win the majority of the electoral vote, take the oath, and wait until noon on January 20th following the elections. If you don't satisfy all of the above, you aren't President.

The Constitution doesn't even require a "swearing in" ceremony, let alone say who shall conduct it. I could take the oath right now, by writing it out on the back of old pin-up calender, and signing it. Would that make me President? I don't think so.

Yes, the occupant of the oval office is entitled to due process, but only a President, or other legitimate office holder, can be impeached.

152 posted on 01/02/2010 9:58:44 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 4 | View Replies ]


To: El Gato
The Constitution doesn't even require a "swearing in" ceremony

Wrong Of course it does. See Article II Section 1. The last paragraph even specifies the words of the oath. I sense that you may not be credible talking about the US Constitution if you do not know that...

160 posted on 01/03/2010 7:05:13 AM PST by Rapscallion (They really did pledge their lives, fortunes, and sacred honor. How now?)
[ Post Reply | Private Reply | To 152 | View Replies ]

To: El Gato
Yes, the occupant of the oval office is entitled to due process, but only a President, or other legitimate office holder, can be impeached.

So. actually you admit what I wrote is correct.

And you are wrong about only a President being vulnerable to impeachment. Many federal judges have been impeached by the US Congress. The only penalty if convicted in an impeachment is removal from office. Once removed though, other charges may be made by prosecutors.

161 posted on 01/03/2010 7:11:14 AM PST by Rapscallion (They really did pledge their lives, fortunes, and sacred honor. How now?)
[ Post Reply | Private Reply | To 152 | View Replies ]

To: El Gato
"Swearing in" does not make one President. You have to be qualified, win the majority of the electoral vote, take the oath, and wait until noon on January 20th following the elections. If you don't satisfy all of the above, you aren't President.

See de facto officer doctrine.

162 posted on 01/03/2010 8:12:42 AM PST by lucysmom
[ Post Reply | Private Reply | To 152 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


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