Posted on 05/06/2009 7:47:05 PM PDT by 2ndDivisionVet
I hope I am proven wrong.
I hope for the sake of our country that I and many other concerned citizens across the country are looked upon as well-intentioned but ultimately misguided individuals who chased a bad rumor based on lies and distortions.
The reason I hope to be thought wrong (although well-intentioned) is because the price of being right about the constitutional requirements to be president not being met by the current occupant of the Oval Office is too disturbing to be imagined.
If, in fact, Barack Obama does not meet the requirements set out by the U.S. Constitution in Article II, Section I, it would throw this country into a constitutional crisis. Vice President Joe Biden would, obviously, become President Biden. The harrowing part of this taking place is that every appointment made, every piece of legislation signed, and every executive order issued by Barack Obama could, and should, be considered invalid.
Full-moon time? I know, I know; I sound like a raving lunatic. So where do I draw my conclusions that this is even a valid issue to entertain?
Let's review what's been accepted as "fact" by the mainstream press and the vast majority of Americans: Barack Hussein Obama was born on August 4, 1961 in Honolulu, Hawaii, to Stanley Ann Dunham, 18, and Barack Obama Sr., 25.
Now let's look at some of the questions challenging these accepted "facts":
Concerned citizens across the United States since well before the November election have questioned Barack Obama's "natural born" qualification for the presidency. From sea to shining sea, at least 18 lawsuits with plaintiffs including a former presidential candidate, a former deputy attorney general, state legislators and retired and active duty members of the military, are attempting to compel him to verify his citizenship.
Candidate Obama's own Web site, fightthesmears.com, posted a "Certification of Live Birth," which, according to the Web site, proves that Obama is in fact a natural born U.S. citizen. What the Web site won't tell you, however, is that a "Certification of Live Birth" is not a birth certificate, and that at the time, the state of Hawaii allowed foreign-born children of U.S. citizens (Stanley Ann Dunham) to have their births registered with this document based on a statement of only one relative. The obvious question must be asked: If Obama has an original "long form" birth certificate issued on the day of his birth by the state of Hawaii, why would he also have a "Certification of Live Birth"? It would not be necessary. Critics have called upon President Obama to just give the state of Hawaii his permission to release his original "long form" birth certificate. The "long form" birth certificate would include all the pertinent information about his birth: name of the hospital, name and signature of the attending physician and a seal of the Hawaiian Health Department. This simple action by President Obama would immediately end all speculation about his citizenship and the reasons for the various lawsuits. Instead, President Obama is spending time and money hiring lawyers to fight these lawsuits. Why?
Why doesn't the mainstream press cover these lawsuits? I mean, in 2004, Dan Rather did a bang up job covering something a lot less important. Rather had "authentic" memos critical of President George W. Bush's Texas Air National Guard service record. Yet there are some legitimate questions about the constitutional eligibility of our president, and yet not one single major press outlet is covering it. Part of the reason is that this issue has supposedly settled by the independent authority on Obama's birth certificate, FactCheck.org. Yet on their Web site, FactCheck.org states:
"The document is a 'certification of birth,' also known as a short-form birth certificate. The long form is drawn up by the hospital and includes additional information such as birth weight and parents' hometowns. The Hawaii Department of Health's birth record request form does not give the option to request a photocopy of your long-form birth certificate. We tried to ask the Hawaii DOH why they only offer the short form, among other questions, but they have not given a response."
So the independent authority on this question has admitted that they have not seen the original long-form birth certificate. And the questions remain.
I sincerely hope that Barack Obama was born in Honolulu, Hawaii, in 1961 and therefore meets the constitutional requirements to be president. If not, our Constitution must be followed and procedures put in place for future elections wherein all candidates on the ballot must prove they meet the requirements set forth by the law of the land, the U.S. Constitution.
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Peter Aparicio is a resident of Victoria and a government teacher at Memorial High School.
If Obama was not eligible then he is not the president, was not the president, has never been the president, and cannot be removed from office because he does not hold the office. Biden was elected vice-President, not President. Biden would only act as President until congress voted for a new President.
Right. There would not be any new election because the Constitution does not provide for that. It provides for the House of Representatives to pick a President.
Exactly.
The 20th Amendment does not apply because a president was qualified by the Electoral College and named the winner of the election. Obama qualified because he received the required number of electoral votes, 278 or more. If Obama became president through fraud then it does not invalidate the election or the Electoral College results. It does mean he's removed from office. In which case, Biden becomes president. Per the 25th Amendment.
Obama didn't swear he was a natural born citizen back in January, he swore to uphold the Constitution. At the time he was elected and sworn in, it was believed he was qualified. If he lied to get the nomination and be elected, then he'll be removed from office.
No, the President has been picked. The Constitution provides that if he is removed then the vice-president becomes president. Federal law states that if Biden is removed or found ineligible then succession would to to the Speaker of the House, the President-pro-temp of the Senate, and then through the cabinet starting with the Secretary of State and ending with the Secretary of Homeland Security.
Hardly.
If the Court declared Obama ineligible, there would be no vacancy in the presidency, because the VP elect (Biden) would become the Acting President.
There would be no "do-over election", because the XXth applies without requiring another election.
But none of that will happen, because the USSC will not allow the case to be heard.
“If he was indeed born ouside of the country to an unmarried mother he would be qualified under the immigration laws(immigration laws which were in effect as far back as the 1930’s IIRC) at that time to serve as President of the U.S.”
That would only be true IF his mother was 19 at the time of his birth but she was not, and thus under the law could not confer citizenship to the spawn.
Biden is not the VP elect. He's the Vice President. He became that back in January. So if Obama is found to be Constitutionally ineligible then he's removed from office and Biden becomes President, per the 25th Amendment.
There would be no "do-over election", because the XXth applies without requiring another election.
The 20th Amendment no longer applies because the winner of the November election was qualified by receiving more than 267 electoral votes. At this point it is the 25th Amendment that covers presidential succession.
But none of that will happen, because the USSC will not allow the case to be heard.
Yeah there's that whole darned standing issue, isn't there?
Please quote the relevant portion of the XXVth that gives the Court the power to remove a president.
You’re still missing it. If the Court decides that Obama failed to qualify, it would transport its through time to the moment just before the Senate counted the Electoral Votes, and declare that AT THAT MOMENT the person who was President elect AT THAT MOMENT had failed to qualify. Then, from THAT MOMENT the Vice President elect would become the Acting President until a President shall have qualified.
However, there is no provision for anyone to qualify under those circumstances, so Biden would be Acting President until the next regularly scheduled election.
Not legally.
Obama qualified because he received the required number of electoral votes, 278 or more.
Not legally. If Obama was ineligible then all those votes were wasted because they were cast for someone who cannot by definition be President of the United States.
If Obama became president through fraud then it does not invalidate the election or the Electoral College results.
Wrong. It absolutely does invalidate Obama's election and the results of the electoral college.
It does mean he's removed from office.
It means he was never legally the President at all, but a criminal usurper.
N-S, you say that he can be and is president regardless of his ineligibility, so it begs the question, why would he be removed if his election was valid, as you insist? If he is the president, despite the Constitution, then why wouldn't he just stay President? How is he to be constitutionally removed from office if his election was valid, as you claim?
So far as they knew at the time, yes.
If Obama was ineligible then all those votes were wasted because they were cast for someone who cannot by definition be President of the United States.
But they were cast by the electors of the states. There is nothing in the Constitution that I'm aware of that allows the courts or anyone else to override that. And there is also nothing that prevents them from being cast for a candidate who is ineligible to hold office.
Wrong. It absolutely does invalidate Obama's election and the results of the electoral college.
Based on what rule of law?
It means he was never legally the President at all, but a criminal usurper.
And would be removed.
I very much doubt that.
It would not be the 25th Amendment but Article III of the Constitution that would apply. The Supreme Court could rule that Obama is ineligible and that would force his removal.
Then please quote the relevant portion of Article III that gives the Court the power to remove a president from office.
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