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To: pissant

Just wondering for you legal types, but if O ran, knowing that he was not eligible, and won knowing he could be found out, wouldn’t, or shouldn’t that invalidate the whole election, and a new election have to take place. I mean how could Joe Biden benefit from fraud.


16 posted on 11/21/2008 2:12:56 PM PST by DaiHuy (')
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To: DaiHuy

Yes, his electors would be tossed too.


18 posted on 11/21/2008 2:13:57 PM PST by pissant (THE Conservative party: www.falconparty.com)
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To: DaiHuy
wouldn’t, or shouldn’t that invalidate the whole election, and a new election have to take place

No. A new election would not be mandated, IF Obama is DQ'd before the 15th of Dec. (when the Electoral college vote takes place).

I believe that the EC then has to vote on those candidates who have received electoral votes.

BTW, If Obama is DQ'd criminal charges should be considered.

28 posted on 11/21/2008 2:20:17 PM PST by Michael.SF. ("They're not Americans. They're liberals! "-- Ann Coulter, May 15, 2008)
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To: DaiHuy
The Constitution sets no process for this. I have attempted to look this up, but it is uncharted territory. The best I can come up with is that it would be up to the electors.

About 2 months ago I got in a discussion here with someone who claimed it was quite clear and gave a lengthy theory about what would happen. I am still uconvinced, since there is no precedent.

Full disclosure: I am not a lawyer.

31 posted on 11/21/2008 2:23:01 PM PST by CaptRon (Perdicaris alive or Raisuli dead)
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To: DaiHuy

Biden wouldn’t. He ran for Vice President, but he wouldn’t be eligible to “assume” the Presidency if Obigula is ineligible and there never elected by the electors. The electors could, of course, elect Biden, but would they? They could vote for John McCain and Sarah Palin.

Since under the scenario that he isn’t a citizen, Obigula has perpetrated a fraud on the country, and I’d start looking in the law books to see if there aren’t criminal charges against him. Since this is a unique scenario, I have no idea what we’d do.

But you watch - just like in 2000 with the Electoral College, the MSM and libs will be screaming that the law is outdated and antiquated and should be changed immediately. Unforunately, they can’t, and I don’t care how much they threaten to “riot” if Obigula doesn’t assume his throne, point your finger at the man who knew he wasn’t eligible and ran anyway - and he can’t use “ignorance” as an excuse - because he’s a Constitutional Law Professor, doncha know?

And they should ask for the VAULT copy of his birth certificate - no copies.


37 posted on 11/21/2008 2:25:09 PM PST by Right Cal Gal (Abraham Lincoln would have let Berkeley leave the Union without a fight)
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To: DaiHuy

It wouldn’t invalidate the election. There are Constitutional mechanisms in place to deal with unqualified Presidential candidates. If it turns out that O isn’t qualified then either the EC selects the next President or House selects the next President (before the Inauguration) or (after Inauguration) O is impeached and convicted and Biden becomes President. If Biden is implicated and gets impeached and convicted then Pelosi becomes President, then Byrd, then the Secretary of State, and so on down the chain of succession. Biden is going to be the next VP, barring conviction for any involvement in a coverup, as the Electors cast their votes for POTUS and VPOTUS seperately and distinctly. In theory we could end up with McCain/Biden. But I personally have a serious problem with any appointments made by O if he turns out to be ineligible for the office. In any case, there will not be a new election. We already have a President-elect, we just don’t know who it is yet.


56 posted on 11/21/2008 2:38:40 PM PST by calenel (The Democratic Party is a Criminal Enterprise. It is the Socialist Mafia.)
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To: DaiHuy

“Just wondering for you legal types, but if O ran, knowing that he was not eligible, and won knowing he could be found out, wouldn’t, or shouldn’t that invalidate the whole election, and a new election have to take place. I mean how could Joe Biden benefit from fraud.”

>>Question #2—if a candidate knowingly defrauds voters thru deceit and obfuscation of birth certificate, are there any federal laws broken for which said candidate could be prosecuted?


73 posted on 11/21/2008 2:51:26 PM PST by Freedom56v2
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To: DaiHuy
Just wondering for you legal types, but if O ran, knowing that he was not eligible, and won knowing he could be found out, wouldn’t, or shouldn’t that invalidate the whole election, and a new election have to take place. I mean how could Joe Biden benefit from fraud.

Wouldn't Obama be guilty of bilking a **lot** of people out of **millions** of dollars? Geeze! Thousands of people donated money to his campaign. He accepted and used that money. Isn't this **criminal** fraud?

If Obama is not a natural born citizen then I think criminal charges and prison time are the correct response.

136 posted on 11/21/2008 3:44:54 PM PST by wintertime
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