The 20th Amendment says that if a President elect has “failed to qualify” by Jan 20th the Vice President elect shall “act as President until a President shall have qualified”.
What I’m saying is that the 20th Amendment says there is no way Obama can act as President. Period. Doesn’t matter if he became the President. According to the 20th Amendment only Joe Biden can “act as President” because Obama failed to qualify by Jan 20th. Obama doesn’t even have a legal age at this point. There is no way to know Obama’s legal age, because the birth certificate that he is claiming right now is from Hawaii - and that birth certificate has no legal value; he’s claiming documentation that cannot mean anything legally. That means he has no legal age. Did he “qualify” by being old enough? How can somebody without a legal age legally qualify by being a certain age?
Lakin’s judge is saying this issue is about REMOVING a president. It’s not. It’s about whether Obama could ever give lawful orders as CINC. The 20th Amendment says he can’t. Period.
If Congress wants to remove Obama because we’re stuck paying him when he is Constitutionally disabled from “acting as President”, that is their choice. But the fact of the matter - as we already know - is that Obama is Constitutionally disqualified from exercising any of the Presidential powers. Has been ever since Jan 20, 2009. Every attempt he has made to exercise the presidential powers was an unconstitutional usurpation of the powers that rightfully belong only to Joe Biden.
And I should add that this is where the rubber hits the road for the judge in Lakin’s case, because the issue before her is not whether Obama is the President or will be removed from being the President. The issue before her is whether Lakin disobeyed a lawful order. And that totally depends on whether Obama failed to qualify by Jan 20, 2009 - in which case, only Joe Biden can give lawful orders as CINC.
Lind has no business delving into issues of whether Obama is or can remain the president. She has only to find out whether Lakin disobeyed lawful orders. To know that, she needs to know who the Constitution allows to “act as President” right now. That is Joe Biden. That’s all Lind needs to know. It’s all she has to rule. From there Congress can do what they want with Obama, but the lawfulness of the orders Lakin disobeyed depends on which person is Constitutionally able to “act as President” - Obama, or Biden. That is the issue before Lind right now.
Where does the Constitution say anything about "birth certificates"? The Constitution requires that he be a certain age, but it provides no guidance as to what specific evidence is adequate to support or to impeach somebody's qualifications. There is also a residency requirement. What if the guy can't find his utility bills and I have decided that utility bills that meet with my approval are the only way to prove his eligibility? Do you really think that the world will delay his presidency until I am satisfied? I don't think so.
Despite the fact that Obama got there without satisfying everyone about his age, place of birth or residency, he IS now the president. And that fact is important to this case because the constitution provides:
"The President shall be Commander in Chief of the Army and Navy of the United States . .