Posted on 04/21/2011 4:20:23 AM PDT by conservativesister
WHAT happens to the line of succession to the Presidency IF the sitting president is found ineligible as in a scam? I understand under "normal" circumstances, next would be the Vice-President, then the Speaker of the House, then the Secretary of State. BUT...... How could Biden be eligible if the whole thing was illegitimate? How could they drop to Boehner if the democratic party was elected? Just who has the final say in a situation like this? Overheard this conversation last night and what a heated discussion - I thought FREEPERS know, I'll ask.
The law says the congress votes for a new one. the vp is also discarded.
I’m at least as interested in speculations by any Constitutional and legal scholars about what the effect of Obama’s ineligibility would have on legislation signed by the usurper, appointments to the court, executive orders, etc. Wouldn’t it be great to be able to toss Kagan and the wise latina out on the street, along with the hundreds of other loony left judges he has appointed to lower courts in the last two years? Maybe we could just toss Obama and hit a giant reset button.
I know. Dream on.
The Speaker of the House is followed by the President Pro Tempore of the Senate (87-year old Inouye of Hawaii). As to your question, there’s no precedent for it, so I’m not sure. I would expect if you-know-who is disqualified, the VP would either strongly be urged to resign or face impeachment (as if Biden would do either). It would then, presuming a vacancy in the VP slot, fall to Speaker Boehner to be President (not that he’s a prize, either). The closest we came to such a scenario was in 1973-74 when the Democrats urged Speaker Carl Albert not to confirm Minority Leader Gerald Ford for VP when Agnew stepped down. Had he gone along with the Dem partisans, Albert would’ve become President instead of Ford.
I heard on Mark Levin that the birther are pursuing a lost cause even if what they say is true, because only Congress can remove the President from office and theres no chance of that happening with Dem on control of Senate
The lamestream media annoints Biden the replacement in the interest of “fairness” and the GOP caves on the issue. During Biden’s swearing-in ceremony, Boehner runs out of tissues. /semi-sarc
Don’t see Obama leaving office any time soon. Too many stupid and/or corrupt people supporting him. The majority of this country is now a bunch of second-hand looters who mooch off the rest of us.
There is such a thing as a free lunch if you play ball with the Dems. Taxpayers just happen to pick up the tab.
It should say, the Black Community frowns on playing us for a fool by Obama ...
It occurred to me recently that the extreme attention and energy some “birthers” are putting into this whole thing actually may be construed as not believing that Obama’s actual policies are so bad as to ensure he will lose in 2012. Or, that the GOP has no bettr alternatives.
Seems like quite a weak hand if one of the largest areas of focus is relying upon your opponent being declared ineligible - especially since the Supreme Court has already had its say.
Although no doubt I will be chatised (and would be disappointed if I weren’t) This is not a comment on the content of the birther issue, but rather its strategic value. It is also why I think the GOP leadership wants the issue to go away. It is a loser.
Well the taxpayers are either broke or have had enough. Funny thing about relying on “the rich” for revenue. “The Rich” can afford to “take a year or two off”. Then what? So the BC isn’t relevant, I suppose. Just squeeze your tax liability down as near Zero as you can and see what happens. Maybe they will get the message, maybe they won’t but there will be a “change”. The gummint can’t give away what it ain’t got forever.
Thanks conservativesister. Nothing, because this won’t be shown until he’s out of office after serving two terms.
He's right that the remedy of removal from office lies in Congress - the same place the power to seat the president comes from.
Congress ought to be mighty concerned, because it was Congressional dereliction of duty that avoiding looking at the issue of qualification of a dual citizen; avoided obtaining evidence of US birth, and so on.
Congress will act only if the public becomes physically agitated. As long as the public is just angry, but not restive, Congress will acknowledge the public, but will act of its own independent (independent of the public) will.
To answer your question, I believe that Biden would be President if Pres__ent Obama is removed.
However, this will never happen. To prevail, the plaintiff(s) in one (or more) of these lawsuits must prove to a high standard that Obama is not a "natural born citizen." Courts will take him at his word (and take Pelosi, as DNC chair in 2008 at her word that the Democrat candidates met the eligibility requirements). No court is going to require any more than that unless someone can prove with documentation and witnesses that Obama and Pelosi did not tell the truth. No court is going to ask for a birth certificate. No statute requires Obama to provide one. Every President up through George W. Bush provided only the certificate from the party that the candidate met the eligibility requirements.
I don't believe this is correct. Can you please cite the United States law which says this? It will be "Public Law ###-#####" or something similar. Or you could provide a citation of United States Code (in the form ##USC###.##... ) where this alleged law is codified.
DCmarcher-976453 wrote:
The law says the congress votes for a new one. the vp is also discarded.
This is the big reason why no court will overturn the election (and it would go to the Supremes and they also will avoid this).
Spartan79 wrote:
I’m at least as interested in speculations by any Constitutional and legal scholars about what the effect of Obama’s ineligibility would have on legislation signed by the usurper, appointments to the court, executive orders, etc. Wouldn’t it be great to be able to toss Kagan and the wise latina out on the street, along with the hundreds of other loony left judges he has appointed to lower courts in the last two years? Maybe we could just toss Obama and hit a giant reset button.
I know. Dream on.
The big problem is that if you open this can of worms for Obama, you also open this as an attack on any law signed by any previous President. Don't like the fact that you were arrested/charged under the PATRIOT act, challenge President Bush's eligibility. If the prosecutors can't prove that he was eligible to be president, his signature on the law is not valid, the law disappears.
What about the Federal Reserve Act? You think they will dig for Woodrow Wilson's birth certificate to uphold that law?
The courts won't open that can of worms.
Again, the burden of proof (irrefutable proof) is on the plaintiffs in these cases. If they can prove beyond doubt that Obama was born in Kenya or is otherwise ineligible, they might prevail. I doubt anyone can meet that level of proof. Even if they could, Obama's team would attack the credibility of their proof, and the courts would want to throw out evidence (and the case) to avoid the huge cascade of problems if they find him ineligible.
Even if it were proven 100% beyond a doubt that Obama were ineligible today, he’d still be in office on election night. At best you might see the issue brought up on the house floor 6 or 8 months from now. Just maybe we could get it to the supreme court but they would point to the fact that the constitution doesn’t mention a standard of proof and that eligibility is left up to the party doing the nominating.
The simple fact is that his voters don’t care, his party doesn’t care, and his media doesn’t care. Its fighting an uphill battle with the enemy picking us off from all sides as we concentrate on the top of the hill.
Should the Office of President become, or be found to be, vacant, Mr. Biden would become President, without any question whatsoever.
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