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To: Cboldt

For qualification to be president, the Congress is the body who has standing to challenge the qualifications of the person voted for by the electors.
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So, again let’s say this is the case. The Congress, has the power to impeach and try. But would they do that in this case, the case of a fraudulent sitting president? Or would they defer the matter to a branch of the judiciary? I am trying to pin down the legal path and options that exist as a matter of law.


150 posted on 07/15/2009 7:12:28 PM PDT by EagleUSA
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To: EagleUSA
It would appear to me that Obama would have to be impeached by Congress, or removed by his own Cabinet, in his current term.

However, it is also clear to me that the individual states have the power, legally, to deny ballot access to Obama in the next election, if Obama does not meet the requirements.

156 posted on 07/15/2009 7:29:15 PM PDT by Kansas58
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To: EagleUSA
-- The Congress, has the power to impeach and try. But would they do that in this case, the case of a fraudulent sitting president? Or would they defer the matter to a branch of the judiciary? --

As a matter of Con law, Congress already "screwed the pooch" by not challenging qualifications before certifying the electors ballots. There is no way Congress is going to investigate its own screw up.

IMO, impeachment isn't the proper remedy, as impeachment presumes the office is held by somebody qualified. Not to say impeachment is off the table, just that impeachment wouldn't be for the basis of "you are not a natural born citizen."

There may be room for a legislated "solution," too. Congress passed a law that (arguably) results in concluding that McCain is a natural born citizen (born in Panama, not in the canal zone); it could produce a retroactively effective law to do the same for Obama, if it had to.

See Judge Alsup's decision in Robinson v. Bowen for a discussion of the law that "helps" McCain obtain "natural born citizen" status, as well as a concise description of how qualifications are challenged.

See too, Hollander v. McCain for disposal of a McCain qualification challenge raised by a voter.

Courts don't want to step into this issue either. Best I can tell, the people do not have a remedy. This isn't the only issue where the feds totally stiff the people.

164 posted on 07/15/2009 7:42:23 PM PDT by Cboldt
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