Replies

By law children born to US Military stationed overseas are citizens at birth. Almost any child of a US citizen is automatically a citizen except in some pretty uncommon circumstances which relate to the citizen parent's residency prior to the birth of the child. Obama’s mother was too young to have fulfilled those requirements at the time of his birth, so, if Obama was born in Kenya, he is not constitutionally qualified. That does not apply to McCain.

Since we did not vote for the candidates, but instead for slates of electors, the Rat ticket is still the winner. If, before the Electors convene, Obama is found to be ineligible for the office, the Electors will simply vote for Biden. If Obama is found to be ineligible after the Electors convene, then Obama will not be allowed to take the office and it will again be Biden. If Obama is found to be ineligible after he takes office, he would be removed and it would be Biden again.

Some states require that the Electors vote according to the results of the popular vote and some do not. If it were discovered that Obama could not be President then this might create a situation where some of the Electors voted for Obama and some for Biden. No matter how they split Biden still ends up President if Obama isn't eligible, unless the Electors are simply not allowed in which case McCain might be elected (and the second American Civil War starts). Then there would be the law suits about Obama Electors belonging to Biden, etc.

There is no rational scenario under which anyone other than Obama, Biden, maybe McCain or possibly Pelosi (born in Baltimore) becomes our next President. There are two types of citizens. Natural born (born a citizen) or Naturalized (became a citizen some time after birth). The definition of who is natural born has been refined over the years, even as far back as the late 18th century, but the founders clearly had it in mind that children would be born to US citizens while they were in foreign countries and that these children would be considered natural born. There were gender based rules (father vs. parent) for the citizen parent that have been eliminated and residency rules that have been greatly relaxed.

“While it is undisputed that people born in the US are qualified to hold the office of President, and that naturalized US citizens are disqualified form holding that office, it is disputed whether people born to US-citizen parents outside the United states are natural-born citizens or not.”

http://en.wikipedia.org/wiki/Natural-born_citizen

“Almost from the inception of the Canal Zone, questions arose as to whether the Zone was considered part of the United States for constitutional purposes, or, in the phrase of the day, whether the Constitution followed the flag. On July 28, 1904, Controller of the Treasury Robert Tracewell stated, “While the general spirit and purpose of the Constitution is applicable to the zone, that domain is not a part of the United States within the full meaning of the Constitution and laws of the country.[4]

In 1953, Congress passed legislation to specify the status of Americans born in the Canal Zone—and to exclude non-Americans born there from citizenship. Title 8, Section 1403 of the United States Code[5] grants citizenship to those born in the Canal Zone with at least one parent who is a United States citizen. This differs from the provision in the Fourteenth Amendment which grants citizenship to all born in the United States, regardless of parental nationality.”

http://en.wikipedia.org/wiki/Panama_Canal_Zone

By law children born to US Military stationed overseas are citizens at birth. Almost any child of a US citizen is automatically a citizen except in some pretty uncommon circumstances which relate to the citizen parent's residency prior to the birth of the child.

Try printing that in all caps, maybe it will become true. McCain is 72 years old, the laws were different then.

Here are the most likely scenarios:

1. Pre-Electoral College
2. Post-Electoral College, Pre-Inauguration
3. Post-Inauguration

Per the Constitution, each Elector is technically able to cast a vote for anyone they want.

However, under the current system, 24 states have “faithless elector” laws that punish electors for NOT voting for whom they have pledged and SCOTUS has ruled these laws to be legal ... at least on the first ballot.

IMPORTANT POINT: There are 538 + 538 = 1076 possible electors (counting ONLY DEM and GOP in this exercise - there are actually many more).

Obama currently leads something like 350-188. However, if anyone’s electors are DQ’d, they are replaced with the runner-up’s electors.

1. Presumbaly, if SCOTUS DQ’d Obama prior to the Electoral College, his slate of electors would be DQ’d and replaced with the slate of the runner-up (McCain). McCain would be POTUS. (Constitution - Article II, Section 1, Paragraph 3).

SCOTUS would then have to rule if Biden’s electors (the same ones that were DQ’d for Obama) were qualified. They MIGHT do that. If so, Biden would LIKELY be VP. This MIGHT play out since POTUS and VP are voted separately and Biden is qualified to hold office (Constitution - 12th Amendment).

If not, Biden’s electors would be DQ’d (like Obama’s), his slate of electors would be DQ’d and replaced with the slate of the runner-up (Palin). Palin would be VP.

Or, SCOTUS could order a new election.

2. Presumably, if Obama was DQ’d AFTER the Electoral College, Biden would become POTUS-Elect and remain so until a qualifed POTUS could be chosen. If Jan. 20th came and went. Biden would be POTUS - at least for a while. (Constitution - 20th Amendment).

If SCOTUS ruled that the election was null and void, based upon a perpetration of a fraud, scenario #1 (above) would likely come into play.

Or a new election could be ordered.

3. If Obama was sworn in, and then DQ’d, Biden would become POTUS, at least for a while. He would then install his own VP, with Senate confirmation, of course. (Constitution - 25th Amendment).

However, if SCOTUS ruled the election null and void, scenario #1 COULD come into play again.

Or a new election could be ordered.

AND, lets NOT forget Hillary ... She MIGHT be able to get a new election ordered at any time in this process - claiming that her 14th Amendment rights were violated on the basis of fraud. She WOULD have been the DEM nominee, if not for Obama. However, I don’t think this bucket holds water.