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To: etraveler13

I think this increases the chances that Obama will NOT seek another term.

If Obama runs again, he is open to a court challenge of his elligibility. If he is found inelligible, all his acts are null and void.


237 posted on 10/29/2009 12:42:42 PM PDT by kidd (Obama: The triumph of hope over evidence)
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To: kidd
"If he is found inelligible, all his acts are null and void."

And you base this on what legal principle? Here's a hint, look up De Facto Officer Doctrine.

Whatever appoints Obama has made, whatever laws or Executive or Military orders he has signed will have the full force of law (when applicable), even if at some later date he is found by the Congress to have committed perjury and fraud when obtaining his office. and subsequently removed from that office by Impeachment in the House and conviction in the Senate.

This is a well-settled principle of American jurisprudence.

239 posted on 10/29/2009 12:48:52 PM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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To: kidd
If he is found inelligible, all his acts are null and void.

Not according to the de facto officer doctrine.

245 posted on 10/29/2009 12:54:38 PM PDT by lucysmom
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To: kidd
If Obama runs again, he is open to a court challenge of his elligibility.

True; Judge Carter's opinion makes that clear.

If he is found inelligible, all his acts are null and void.

Probably not. The Supreme Court has ruled that: "The de facto officer doctrine confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person's appointment or election to office is deficient. Norton v. Shelby County, 118 U.S. 425, 440 (1886). The de facto doctrine springs from the fear of the chaos that would result from multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question, and seeks to protect the public by insuring the orderly functioning of the government despite technical defects in title to office."

246 posted on 10/29/2009 12:55:19 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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