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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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To: BIGLOOK
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.

No others exist. What you're waying is that there is, in the most literal sense, no law.

Our Head of State would be arrested as an impostor

By whom?

and physically removed, creating a situation that would need be resolved by an emergency session in the House of Representatives, selecting an interim president.

There is no such procedure in the Constitution, and there is no such thing as an interim president. You are simply making things up.

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.

There is nothing shaky about the succession. It's in the straightforward black-letter law of the 25th amendment. There is no provision for the House to choose a president at any point except the lack of a majority in the Electoral College.

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

No constitutional crisis arises, because SCOTUS and Congress aren't stupid enough to force it to that point.

I really don't think you've thought through this scenario. The a priori assumption is that someone -- SCOTUS or someone else you haven't specified -- has the power to at a single stroke unseat a president and void every act of Congress for the last few months. Then this entity can simply make up new rules, declaring the vice president ineligible for no clearly articulated reason and appointing the House to choose a new president because ... well, I guess an American Idol style cell-phone vote wouldn't be dignified enough.

If any person or persons are able to exercise that sort of authority, then the Constitution is wholly void. Rioting in the streets isn't the issue -- those rioters will have as much claim to lawful authority as anyone else.

140 posted on 05/07/2009 12:11:00 AM PDT by ReignOfError
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To: BIGLOOK
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.

Section 1 of the 25th Amendment: "In case of the removal of the President from office or of his death or resignation, the Vice President shall become President."

Manner of succession has already been defined.

198 posted on 05/07/2009 2:33:26 PM PDT by Non-Sequitur
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