Posted on 12/01/2008 6:04:32 AM PST by pissant
Controversy continues to surround President-elect Barack Obama's eligibility to serve as president, and a case involving his birth certificate waits for its day before the U.S. Supreme Court. A constitutional lawyer said were it to be discovered that Mr. Obama is not a natural-born U.S. citizen, it would have grave consequences for the nation.
According to the Constitution, a president must be a natural born citizen of the U.S. Mr. Obama's critics have failed to force him legally to produce his original birth certificate, and Mr. Obama has resisted any attempt to make him do so. Currently, only Hawaii Department of Health officials have access to Mr. Obama's original records.
Some of Mr. Obama's critics have said he was born in Kenya and have claimed he is a citizen of Kenya, Indonesia, or even a British subject.
Edwin Vieira, a constitutional lawyer who has practiced for 30 years and holds four degrees from Harvard, said if it were to be discovered Mr. Obama were not eligible for the presidency, it would cause many problems. They would be compounded if his ineligibility were discovered after he had been in office for a period of time.
"Let's assume he wasn't born in the U.S.," Mr. Vieira told The Bulletin. "What's the consequence? He will not be eligible. That means he cannot be elected validly. The people and the Electoral College cannot overcome this and the House of Representatives can't make him president. So what's the next step? He takes the oath of office, and assuming he's aware he's not a citizen, then it's a perjured oath."
Any appointments made by an ineligible president would have to be recalled, and their decisions would be invalidated.
(Excerpt) Read more at thebulletin.us ...
“One of the reasons why I don’t believe the Court will find Donofrio’s arguements persuasive. For them to agree with Donofrio, or you, would mean Obama and McCain are both ineligible, and could make it hard for any candidate to establish credentials. Giuliani, for example, would have to prove that his grandparents on both sides were naturalized citizens before his mother and father were both born, otherwise they are not U.S. citizens. And if they are not U.S. citizens then Giuliani is not a U.S. citizen. The arguements would be endless.
If Rudy’s parents were born in the US, Rudy is a natural born citizen and would qualify for the Office of President.
So even if Rudy’s grandparents were nationalized citizens, and were born outside the US, Rudy’s parents born on US soil would be citizens of the US. Their children would then be natural born citizens, as Rudy is.
Yup, good post. Totally agree with your conclusions. They will vote for Hillary. As bad as that would be at LEAST it would be constitutional.
Not an option, I am afraid.
All three are natural-born U.S. citizens and would do slightly less damage than Obama.
If this is ignored, the real Osama bin Laden could run and at least win in Detroit.
I think we should go after this. It is time that the conservatives stop rolling over.
“I have to think like a lib...And say that “then Hillary” would have been the “legitimate” candidate and libs would scream that since their vote “didn’t count” for Obama, they would have voted for Hillary...and therefore, Hillary should be President.
IMHO, Obama will someday be called “The Illegitimate President”.”
Yeah - but then again, SOME voters (prolly the GOP that voted DEM) would have said that they would NOT have voted for Obama if they KNEW he was ineligible AND they would have NEVER voted for Hillary ...
How do you quantify the ones that WOULD have voted DEM in a different election (for Hillary) and those who would have voted GOP?
Obviously, a new election NOW would be fair, but it is NOT provided for in the Constitution ...
A sticky wicket for SCOTUS ...
IF SCOTUS does anything, I think they would toss Obama (Biden maybe - maybe not) and let the 12th Amendment take care of the mess ...
I look for the Hall of Records housing his long form birth certificate to burn to the ground before it would ever be produced.
“Actually if he is disqualified the next highest Presidential candidate to collect electoral votes would become President.”
I disagree in part.
What happens if the electoral college goes ahead and gives the electoral nod to Obama since he won the popular vote as well?
We are looking at a Marxist scheme that will completely delegitimize our election process. Bush won in 2000 on a “technicality” as interpreted by the SCOTUS, however it was law and the Democrats tried to change the law after the fact.
I don’t know if our Constitutional law process has ever had to deal with this kind of election challenge. The only fair way, in my mind, to legitimize the election would be to take Hillary Clinton, who was a close 2nd in the Primary’s and enter her in a 30 day runoff election with McCain. The deeper Obama gets into the cabinet nomination process only muddies the waters deeper.
Who knows? I am not a lawyer nor a Constitutional Scholar. And I doubt if peon citizens opinions will ever matter anyhow.
This information came from his mother in all likelihood and even Obama said in his book he didn’t believe what she or his grandparents told him.
“He takes the oath of office, and assuming he’s aware he’s not a citizen, then it’s a perjured oath.”
Would not a “Perjured” Oath of Office for the office of the President of the United States be treason? It is a willful undermining of the highest government office in the nation, not to mention the same of our military. Barry Soetoro would be wise to consider his actions carefully. He’s playing poker all-in and bluffing with a soft hand. He might win the pot, or it might cost him everything.
IF OBAMA IS INELIGIBLE, he MAY have ALREADY committed perjury.
I have seen the South Carolina Election application that he signed stating that he was eligible for the office ...
Biden was chosen by Obama and if he is proven a fraud why would this choice of Biden hold up any better than any other thing he signs or does.
RE : I think we should go after this
Be my guest. Just dont expected elected republicans to get involved. Pelosi won two elections big with a ‘keep the Impeach Bush crowd, including Sheenan, locked up”. WE Cant have our elected look like sore losers, remember “Sore Looserman” ?
Otherwise see what the courts do. I am curious.
I’ll hand over the crowbar.
“Per Congressman Billy Bob if he were declared inelgible before the Electoral College votes Dec. 15th, the electoral college could elect anybody they want.”
I disagree - although CBB is the constitutional lawyer ...
Reason?
Fruit of the Poisonous Tree doctrine.
Just like a bad warrant tosses all evidence seized subsequent to it, so would Obama’s electoral votes be tossed.
The States would have to re-certify with new electors (without Obama’s).
People don’t seem to realize that there are MORE potential electors than a state has votes.
FOR EXAMPLE:
MD (where I live) there are 10 electoral votes ...
HOWEVER: Between the DEMS and GOP, there are 20 possible electors (20 different individuals).
Obama “won” MD, so HIS 10 electors are being certified.
However, IF he is ruled ineligible, THEN HIS electors will be ruled ineligible.
When MD re-certifies, they will base it on the popular vote (without Obama) and McCain’s electors will be certified.
Electoral voters CANNOT be certified by a state when the election was based upon the perpetration of a fraud ...
There is a big difference bwteen soreloserman and perjury and lying. This doesnt look like sore loser. This looks like enforcing the Constitution.
Nothing, unless you actively renounce your US citizenship.
LLS
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