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Obama Fomenting A Constitutional Crisis: Constitutional Lawyer Discusses Ramifications
The Bulletin ^ | 12/1/08 | John Connolly

Posted on 12/01/2008 6:04:32 AM PST by pissant

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To: panaxanax
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. 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 shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

When Obama first introduced Biden in public as his running mate, Obama called him the next president then he corrected himself by amending his statement by saying the next vice president.

241 posted on 12/01/2008 11:06:56 AM PST by Red Steel
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To: cpdiii

“NO! We are a Republic. We do not vote for the Presidential Candidate. We are actually voting for the elector. Regardless of the legitimacy or illegitimacy of Obama the electors were voted for legitimately. I do not know who will be the next president. I do know he will be a Democrat.”

THEY VOTED FOR A DEM SLATE OF ELECTORS BASED ON WHO THE CANDIDATE WAS - OBAMA ...

What about the people who say:

“I WOULD NOT have voted DEM, if ANYONE ELSE OTHER than Obam had been at the top of the ticket ???”

You are GIVING their vote to another DEM, when they probably would have voted for someone else.


242 posted on 12/01/2008 11:08:20 AM PST by Lmo56
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To: STARWISE

Thanks, Starwise

Ping


243 posted on 12/01/2008 11:09:46 AM PST by Iowan
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To: Non-Sequitur

Just might be that when a President-elect dies, it is treated much differently than being ineligible to hold the office of President. Horace Greeley evidently qualified to hold office per the Constitution.


244 posted on 12/01/2008 11:11:39 AM PST by seekthetruth
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To: Lmo56
The vice president does NOT appear on all state ballots. Therefore, not as many delegates are committed to Biden as were originally committed to BO.
245 posted on 12/01/2008 11:11:51 AM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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To: Lmo56

I did not say it was fair. I did not say I liked it. However, that is the way it is. It sucks big time!


246 posted on 12/01/2008 11:12:09 AM PST by cpdiii (roughneck, oilfield trash and proud of it, geologist, pilot, pharmacist, iconoclast.)
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To: Lmo56
This is A BIT of a different situtation ...

Then I'm sure you can point out the provisions of the Constitution or the applicable federal law that defines what to do in either situation?

247 posted on 12/01/2008 11:13:23 AM PST by Non-Sequitur
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To: InterceptPoint; pissant

I was wondering if maybe Hillary had some dirt on Obama and that’s why he’s appointing so many former Clinton staffers. I hadn’t thought about the possibility of foreign governments blackmailing him. That is frightening.

I don’t know whether Obama is a natural born citizen, but we have a right to know. It seems unlikely the Democrats would run a candidate who is not qualified constitutionally to serve as president, but what’s with all the stonewalling? With all the talk of the “lack of transparency” and “secretiveness” of the Bush administration, Obama shouldn’t find it burdensome or intrusive to produce one document.


248 posted on 12/01/2008 11:14:08 AM PST by chickpundit (Palin '12)
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To: seekthetruth
Just might be that when a President-elect dies, it is treated much differently than being ineligible to hold the office of President. Horace Greeley evidently qualified to hold office per the Constitution.

Point out where that difference is outlined and you just might be right.

249 posted on 12/01/2008 11:14:25 AM PST by Non-Sequitur
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To: Non-Sequitur

Obama himself doubts what his mother or grandparents told him. Read post 158 for his own words from his book.
http://www.freerepublic.com/focus/f-news/2139756/posts?q=1&;page=151

Why do those who lean toward communism as his mother did do anything including lie? She could have had any number of reasons. Why are some so concerned that this case may be valid and prove him a liar?


250 posted on 12/01/2008 11:19:46 AM PST by nclaurel
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To: Non-Sequitur

“So you would agree with Donofrio that McCain is ineligible to be president?”

Under Jus Soli, he WOULD NOT be a citizen.

Under Jus Sanguinis, he WOULD BE acitizen.

Under my GENERAL interpretation of “natural born” citizen, he WOULD NOT be eligible to be POTUS. He DOES NOT meet BOTH requirements.

HOWEVER (isn’t it strange that there is always a “however”?) ...

“Blackstone’s Commentaries On The Laws of England” AND Vattel’s “Law Of Nations” (references that the Founding Fathers leaned on heavily) ... BOTH make exceptions for a child born overseas to two (2) subjects who are in service to their Sovreign (ie: Ambassadors and Military Officers).

So, SCOTUS would have to determine McCain’s eligibility when they determine what “natural born” means - as pertaining to the Constitution ....

Obama, OTOH, would be a “citizen”, NOT “natural born” - since his father was a subject of the British Crown.

Obama has the opposite problem of McCain:

Under Jus Soli, Obama IS a citizen (assuming he was born in Hawaii).

Under Jus Sanguinis, Obama IS NOT a citizen (his father was a British National).

Under my SPECIFIC interpretation of “natural born” citizen, OBAMA WOULD NOT be eligible to be POTUS. He DOES NOT meet BOTH requirements.

Obama would be a citizen, though, by meeting one (1) of the requirements ...


251 posted on 12/01/2008 11:23:39 AM PST by Lmo56
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To: pissant
Hi Stranger!

....no wonder Osamabama has developed a TIC!

252 posted on 12/01/2008 11:23:45 AM PST by SweetCaroline (I would rather suffer than fail to please GOD!)
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To: chickpundit
With all the talk of the “lack of transparency” and “secretiveness” of the Bush administration, Obama shouldn’t find it burdensome or intrusive to produce one document.

Words ... just words!

253 posted on 12/01/2008 11:23:56 AM PST by bvw
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To: Non-Sequitur
If a person is born on US soil they are a US citizen but he/she is not a “natural born” citizen unless both of his/her parents were US citizens.

Rudy's parents were US citizens and Rudy was born on US soil, therefore he is a “natural born” citizen and could hold the office of President.

Rudys grandparents could be from anywhere, it would not matter as long as Rudy's parents were born on US soil, they are US citizens. Rudys parents are US citizens by being born in this country but they are not “natural born”.
However, when they as citizens gave birth to Rudy, that means Rudy is a “natural born” citizen, meaning he was born of two US citizens and was born on US soil.

254 posted on 12/01/2008 11:30:02 AM PST by seekthetruth
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To: pissant

My guess is the USSC will rule that Leo DoNofrio’s suit, while it has legal merit, is now moot. They will also publicly declare that responsibility for qualifying Obama rests with Congress, when they count the electoral votes in January. If one member of the House and one member of the Senate object to Obama’s votes being counted, there will have to be an up or down vote in January 2009 on the question of his being a qualified natural-born citizen. Will Nancy and Harry save Barack? Stay tuned! Once it comes to a public vote, they may just possibly prefer Joe Biden.


255 posted on 12/01/2008 11:30:28 AM PST by devere
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To: seekthetruth; Non-Sequitur

“If a person is born on US soil they are a US citizen but he/she is not a “natural born” citizen unless both of his/her parents were US citizens.

Rudy’s parents were US citizens and Rudy was born on US soil, therefore he is a “natural born” citizen and could hold the office of President.

Rudys grandparents could be from anywhere, it would not matter as long as Rudy’s parents were born on US soil, they are US citizens. Rudys parents are US citizens by being born in this country but they are not “natural born”.

However, when they as citizens gave birth to Rudy, that means Rudy is a “natural born” citizen, meaning he was born of two US citizens and was born on US soil.”

EXACTAMUNDO !!!

We WOULD NOT be posting these threads if Obama was a generation removed ...

That is, if Obama was born on U.S. soil, the son of two U.S. citizens (born on U.S. soil), and he was the GRANDSON of naturalized citizens ...


256 posted on 12/01/2008 11:34:46 AM PST by Lmo56
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To: Lmo56
So, SCOTUS would have to determine McCain’s eligibility when they determine what “natural born” means - as pertaining to the Constitution ....

The Supreme Court has done that before, in 1898 when it ruled that a man was a natural born U.S. citizen regardless of his parent's nationality. And the Constitution does not take Jus Sanguinis into account for anything except treason. Donofrio is going way against established precedent in his line of reasoning, and ignoring federal law and the Constitution as well. Which is why I believe the Supreme Court will not take his case up.

Under my SPECIFIC interpretation of “natural born” citizen, OBAMA WOULD NOT be eligible to be POTUS. He DOES NOT meet BOTH requirements.

We do not operate under your interpretation or my interpretation. The only interpretation that matters in the Supreme Court's, and they've already spoken on the subject. I can't see anything that would cause them to reconsider the earlier court's decision.

257 posted on 12/01/2008 11:36:43 AM PST by Non-Sequitur
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To: seekthetruth
Rudys grandparents could be from anywhere, it would not matter as long as Rudy's parents were born on US soil, they are US citizens. Rudys parents are US citizens by being born in this country but they are not “natural born”.

The law disagrees with you. As does the Supreme Court.

258 posted on 12/01/2008 11:37:55 AM PST by Non-Sequitur
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To: devere

“My guess is the USSC will rule that Leo DoNofrio’s suit, while it has legal merit, is now moot. They will also publicly declare that responsibility for qualifying Obama rests with Congress, when they count the electoral votes in January. If one member of the House and one member of the Senate object to Obama’s votes being counted, there will have to be an up or down vote in January 2009 on the question of his being a qualified natural-born citizen. Will Nancy and Harry save Barack? Stay tuned! Once it comes to a public vote, they may just possibly prefer Joe Biden.”

Per the 12th Amendment, the House CANNOT vote for Biden - only those others who received EC votes for POTUS ...

The EC voters would have to INITIALLY vote for Biden to keep it out of the House ... which (theoretically) they COULD do.

However, once in the House - they are bound by the 12th Amendment ...

See Post #196 ...


259 posted on 12/01/2008 11:39:06 AM PST by Lmo56
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To: David; Calpernia; Fred Nerks; null and void; pissant; george76; PhilDragoo; Candor7; Polarik; ...
If either Obama or McCain is installed as president, it is a guarantee that we will have a Constitutional crisis as a result. The only issue is when.

Thank you, David. A few months ago I was flamed for quoting your previous comment about anticipating a Constitutional crisis if either Obama or McCain is installed as President.

Ping.

260 posted on 12/01/2008 11:43:43 AM PST by LucyT (.......................Don't go wobbly now.......................)
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