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To: BIGLOOK
The election would be voided, all appointments dismissed and all executive orders and laws signed rescinded.

Pure speculation. There is no provision in the Constitution for a "do-over" of a presidential election. No provision for the Supreme Court to unilaterally remove a president from office.

Doing so would be repugnant to the separation of powers, overruling in one stroke the other two branches of government, as the election was certified by Congress. It would also be an unprecedented usurpation of the powers of the states, which appointed the electors. It would exceed the worst recorded example of "judicial activism" by orders of magnitude.

I don't see any court formulating such a plan, and any justices that so ruled would be subject to impeachment by the House and trial by the Senate (a procedure that is in the Constitution).

The only constitutional means to remove a president form office is impeachment. In the event of impeachment, a presidential succession occurs as provided for by law, and the new president would have the authority to keep or rescind executive orders and ask Congress to repeal legislation.

125 posted on 05/06/2009 10:27:24 PM PDT by ReignOfError
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To: ReignOfError
The only constitutional means to remove a president form office is impeachment. In the event of impeachment, a presidential succession occurs as provided for by law, and the new president would have the authority to keep or rescind executive orders and ask Congress to repeal legislation.

You are correct in all the procedures for a constitutional method to remove a president but if the president was ineligible to hold office in the first place, none apply. Our Head of State would be arrested as an impostor and physically removed, creating a situation that would need be resolved by an emergency session in the House of Representatives, selecting an interim president.

Appointments, executive orders and signed laws voided and Biden, as President of the Senate would be an shaky ground for succession. Succession would be decided in the House.

A Constitutional Crisis arises with a defective executive and a warring House and Senate and a muddled Supreme Court.

(I'll leave the riots in the streets and crash of the market to your imagination.)
133 posted on 05/06/2009 11:04:19 PM PDT by BIGLOOK (Keelhaul Congress! It's the sensible solution to restore Command to the People.)
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