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 ...
Biden was a qualified candidate and BO’s ineligibility does not affect him.
If there was even a chance of anything, why are Mike Reagan, Bill Cunningham and Mark Levin saying to let this issue go and accept that 0bama will be inaugurated (especially Mark)?
No, Treason is explicitly defined in the Constitution.
I believe you are wrong to assume there are no Justices who take their Constitution responsibilities very seriously. It is a co-equal branch and cannot afford to put its credibility into question.
This will not go away.
20th Amendment, section 3:
...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, 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.
RE “Why would the Supreme Court be concerned with electoral margins? I thought the court’s responsibilities had to do with the letter of the law. “
Not any supreme court that has ever existed. Even Scalia has had his weak moments like Bush vs Gore which was not constitutional, read Levins book.
Same to you: “Not any supreme court that has ever existed. Even Scalia has had his weak moments like Bush vs Gore which was not constitutional, read Levins book.”
Why worry about what they are saying.
My or the GOP’s happiness is not important and helping them is not the issue here. Following the Constitution is. A McCain-Biden admininstration will piss off the entire country but that is what the Constitution produces if Zero is ineligible and not sworn in.
Nor will there be a civil war. Criminal gangs may loot and burn in some places but that can be dealt with like any insurrection.
**McCain would have to be declared the winner.**
I agree. Wouldn’t that be a scramble to put everything together in less than 1 1/2 months.
An election in the House is limited to the top three vote getters for President. There is no opinion but McCain in that scenario.
I think what it boils down to is this- everyone that is interested in this has to decide what it more important- following the Constitution or keeping the peace. Everyone knows this is a very hot potato and if he is proven to be ineligible then it could lead to Civil War or at the least serious unrest in this country.
Even “name” conservatives such as our politicians and talk hosts have to decide which path they think best. It doesn’t mean they are right- it just means that is the path they think is best. None of them know the truth about the birth certificate- any more than we do.
I would hate to say drop it and then find out later he is ineligible- at that point we have violated the Constitution and if allowed to stand then that is precedent to allow people who are not natural born to become president. If we relentlessly pursue it and there is nothing there it makes Rs look like very sore losers. I think I would rather look like a sore loser than let an ineligible person become president in violation of our Constitution. Everyone has their own opinion- but I am tired up putting up with crap dems do that is unconstitutional, illegal, etc. just to “get along” it hasn’t worked out so well up to this point. Some say overlooking this is “for the good of the (GOP) party” but is it good for the party to possibly violate the Constitution?
**Would they turn on him**
I think so, because people don’t like being lied to.
If the SOB is found ineligible, then he ought to be taken in front of a firing squad for attempting to overthrow the government of the United States, an act of Treason.
The Constitution does not recognize a “ticket” only electoral votes for each office. McCain would be the president if Zero’s electoral votes are invalid.
Should he be removed prior to the EC vote then it could theoretically vote for any eligible candidate.
Only if the 12th Amendment applies. But the 12th Amendment doesn't apply - one candidate got a majority of the Electoral votes. If Obama is found to be ineligible then it's the 20th Amendment that governs how his replacement would be determined. And the 20th doesn't contain that restriction.
**traveling under an Indonesian (or Kenyan) passport**
Can we find out if he has ever had an Indonesian or Kenyan passport?
Biden could never have won 53% of the Democrat vote except for the fact that Obama picked him as running mate in the interest of "change."
Biden should not be considered at all in any Electoral College vote that has disallowed Obama as a candidate.
Of course we are all dreaming here anyhow.
The appointment was by the Democrat party not Obama. Biden is qualified to be VP.
RE : “A McCain-Biden admininstration”
LOL. Now that would be funny, or better Obama-Palin, Mccain and Biden are too much alike.
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