I suppose this German paper stapler on my desk, if it was voted into office as US president by popular and electoral vote, who received no Congress objections or that all objections failed, the Paper Stapler would be duly the United States President. And only Congress could remove the Paper Stapler from office through impeachment and Senate vote, even though, clearly the Paper Stapler is not constitutionally qualified to hold office.
However, even after the presidential inauguration, a constitutional remedy does exist in the 20th Amendment.
The courts could compel Congress to act by finding that the De facto Paper Stapler, acting as president, has no US Constitutional legitimacy and no authority after Congress clearly failed to follow or abide by the supreme law of the land.
At that time, president Paper Stapler would be less than a figurehead at the head of the Executive Branch.
When Vice President Cheney certified the vote of the Electoral College and when Chief Justice Roberts issued the oath of office Barack Hussein Obama became the duly elected 44th President of the United States.
The state of Hawaii has verified that Barack Hussein Obama II is a natural born US citizen. That birth having taken place in Honolulu at 7:24 p.m. on August 4, 1961 and that birth registered by the state of Hawaii on August 8, 1961.
“I, Dr. Chiyome Fukino, Director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barack Hussein Obama was born in Hawaii and is a natural-born American citizen.
I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago...”
With the dismissal of the lawsuit that is the topic of this thread the score is now 51 lawsuits challenging Obama’s eligibility dismissed or denied and 8 lawsuits still pending or on appeal.
http://www.obamaconspiracy.org/docket/
The 20th amendment pertains to the death of a president and under its provisions it appears that you would want Harry Reid to decide who is president.
Section 3 of the 20th Amendment: “Section 3. If, at the time fixed for the beginning of the term of the President, the President elect SHALL HAVE DIED, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”
As I said, the German Paper Stapler was voted into office and Congress certified the election, therefore, according to you, the German Paper Stapler is the US President and only Congress can remove it from office. It doesn't matter if he's not qualified to hold office. The Paper Stapler was voted in and no courts can remove it from office according to you. Although, I gave you a remedy that Congress would be the ones to ultimately remove him after the courts say the De facto, president Paper Stapler is an illegitimate president with no power to act.
20th Amendment: If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified;
What you should have capitalized is what's in bold above. Clearly the German Paper Stapler is not qualified to hold office as president. Heck, it is of modern design over engineered and only about 7 years old - too young to qualify for office.
Oopps, I see you are reading into statements what you wish to believe.
1) The 0bama COLB points to a document “on File” at the State of Hawaii. If the document was accepted or registered, I would expected said COLB to disclose that fact. I guess the State of Hawaii cannot attest to 0bama document as “registered”. This is the same as the IRS, you can “file” your tax return, but the critical step is review and acceptance by the IRS.
2)..have seen the Vital records (plural). How many Birth Certificates does 0bama need to prove Citizenship??? I only need one BC.
3)These vital records are on file, not registered or accepted
4)What is a natural born American Citizen. Why not state 0bama is a natural born Hawaiian citizen?? Canada is part of America, Brazil is part of America, the United States are part of America. “America”, both north, south and central, are comprised of at least three distinct Countries! You need to be a citizen of a State to to be a citizen of the United State. The phrase “natural born American Citizen” is a meaningless statement.
5) Lot’s of anchor babies are born in the United States, the might become citizens, but certainly are not Citizens (capital C for specific reason)
0bama needs to release his long form Birth Certificate, and all of those other vital records
The oath of office is not issued, like a King's scepter or crown, it's taken by the President-Elect. Taking it is required before exercising the powers of the office, but taking it does not a President make. Getting a Majority of the electoral votes, being eligible, taking the oath and then the clock and calender, a President make. Except in the case of death, disability or removal of a President, in which case it's that event, plus being eligible plus taking the oath. Generally taking the oath is the last "wicket" in both instances, but all the wickets must be passed before one is President. If you don't meet *all* the wickets, you aren't President, and have no power to act as such.
Also, the oath need not be administered by the Chief Justice, and many times has not been. Most of those were early on, or were the cases of Vice Presidential succession due to death of the President. The big ceremony with the Chief Justice is *tradition* and *cusyom* not law. It's certainly not a Constitutonal Requirement.
Being over 35, 14 years a resident, and a Natural Born Citizen is though.