[Jim Noble]

America is facing potentially the gravest constitutional crisis in her history. Barack Obama must either stand up in a public forum and prove, with conclusive documentary evidence, that he is “a natural born Citizen” of the United States who has not renounced his American citizenship—or he must step down as the Democratic Party’s candidate for President of the United States—preferably before the election is held, and in any event before the Electoral College meets. Because, pursuant to the Constitution, only “a natural born Citizen, or a Citizen of the United States at the time of the Adoption of th[e] Constitution, shall be eligible to the Office of President” (Article II, Section 1, Clause 4). And Obama clearly was not “a Citizen of the United States at the time of the Adoption of th[e] Constitution.”

This is all so absurd.

The Constitution clearly anticipates the possibility that the Electoral College might elect someone not eligible to the office: " 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; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President..."

The final arbiter is the special joint session of Congress wherein the electoral votes are counted and appeals heard.

This is the ultimate nonjusticeable political question. If the People of the United States, acting by the chusing of electors, elect Barack Obama, and if their representatives in Congress assembled ratify that choice, then it's a done deal.

No court has a voice in that process, and none should.

[The Doctor]

You’re wrong. Congress cannot override the Constitution. It would require a constitutional amendment ratified by 2/3 of the states.

[King of Florida]

Well put. I couldn’t agree more. This is a question for Congress. It’s certainly not for a truther like Phil Berg.

[ml/nj]

The final arbiter is the special joint session of Congress wherein the electoral votes are counted and appeals heard.

It would be nice if this were true. It would probably mean that Dick Cheney in his role of President of the Senate should have the final say. But the twentieth Amendment clearly anticipates that the person who comes out of that joint session as "President-elect," might fail to qualify. My reading of this is that some action is required on the part of the President elect to qualify. Logically this action would be to present proof to the Secretary of State (Rice) that he does qualify (just as we all have to present such proof to designees of the Secretary if we wish to obtain a passport). Beyond the Secretary stands the Chief Justice who must administer the oath. These pesky little formalities could save the Republic.

ML/NJ

PS I am familiar with other work of Dr. Vieira regarding Constitutional monetary history and have had an exchange or two with him. His work in the monetary area is probably the best the is.

[Sibre Fan]

The Constitution clearly anticipates the possibility that the Electoral College might elect someone not eligible to the office...

THANK YOU JIM NOBLE for being a voice of reason here. It is just amazing to me the number of "conservatives" willing to throw all principle away here for some sort of political expedience. I agree with you 100%: "No court has a voice in that process, and none should."

I, personally, think the citizenship argument is just a bit silly, especially given the developments in the Virginia case. However, even if I took those arguments seriously, I agree that the Constitutional provisions describing the correct process should apply, and that we should not be advocating judicial activism just because we "want it" on this particular issue!

[aruanan]

If the People of the United States, acting by the chusing of electors, elect Barack Obama, and if their representatives in Congress assembled ratify that choice, then it's a done deal.

Your train left the rails in this sentence.

[MartinStyles]

The constitution simply says that Biden would be president if hussein isn’t valid. If Biden is also not eligable, only then could congress choose obama again (or whoever) and then that’s final.