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To: P-Marlowe

Obama’s eligibility question has been rendered moot by the fact that he has been sworn into the office. The only way to remove him now is by the process of impeachment.

Even if the courts decided today he was not legally eligible, they do not have the power to remove him from office. Only the Senate has that power and they only have that power if presented with a bill of impeachment from the house.

It is out of the hands of any court at this point.

***

Not necessarily so ... these are uncharted waters here governed by a Constitution that was written without forseeing a potential situation like this ...

If (and I am specifying IF) SCOTUS took one of these challenge petitions, they MIGHT determine that ONLY a constitutionally eligible person can enter into the office as POTUS.

If they did, and it was determined that Obama was NOT constitutionally eligible, they might rule that he never entered the office in the first place - even if he did take the oath. Therefore, no impeachment. Impeachment is reserved for an eligible person inaugurated as POTUS who committed “high crimes and misdemeanors” while in office.

It is akin to annulling a contract when one party is found to have entered into upon the basis of fraud - the contract is automatically null and void.


142 posted on 01/22/2009 9:45:56 PM PST by Lmo56
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To: Lmo56; xzins; enat
If (and I am specifying IF) SCOTUS took one of these challenge petitions

As a lawyer with a significant amount of appellate experience, I can state with certainty that there is not a chance in Hell that the SCOTUS is going to grant cert on any case involving Obama's "eligibility."

Obama's eligibility was determined by the voters who voted for him, the electors who cast their electoral votes and the congress that certified the electoral college. He has been given the oath of office and he has assumed the office to which he was duly elected.

If someone were to present irrefutable proof that Obama was born in Indonesia to a Chinese woman and an Egyptian father, it would not matter one whit. The SCOTUS is not even going to look at the evidence. Even if they had the power to remove him (which they don't) they would not touch this issue in a zillion years.

The ONLY way to remove Obama at this point is by impeachment. Anyone with a brain knows that is not going to happen with this congress.

Everyone here is clamoring about the Constitution, yet they all seem willing to bypass the Constitution to remove Obama from office.

He IS the President. Get used to it. He is going to be the President for another 3 years and 363 days. No judge is going to take that away from him, no matter what evidence is brought before him.

145 posted on 01/22/2009 10:02:48 PM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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