Works for me. By virtue of the 12th Amendment, Mr. Obama is the President. I don’t particularly like that unfortunate fact, but there it is and there it will be until he is either impeached or defeated in 2012. I don’t think impeachment will happen, though a decent case can be made that it should.
Any officer who rises up against the President will be violating his/her oath to protect and defend the Constitution. If they want to do that, they should first resign their commission.
>Works for me. By virtue of the 12th Amendment, Mr. Obama is the President.
Really, wherein amendment 12 does the Constitutional requirement that the Person who is to be the President must:
- Be a minimum 35 years old,
- Ba a resident of the United States for 14 years,
AND
- Be a Natural Born Citizen OR a citizen at the adoption of the Constitution
become altered or repealed?
I cannot find it.
>Any officer who rises up against the President will be violating his/her oath to protect and defend the Constitution. If they want to do that, they should first resign their commission.
Incorrect. If the President were to order that no Law Enforcement agency would need a warrant for searching people’s homes in the US then that President would be violating the 4th Amendment; since the President would be violating the Constitution, which you agree is what officers are sworn to defend & protect, the Officers would have the obligation to confront the President... even to the point of violence should he not comply with the Constitution.
Article I, Section 8 gives Congress the authority to make laws necessary for executing Constitutional powers. One of those laws says that in carrying out the 12th Amendment (which you cited) the VP has to ask if there are any objections to the electoral vote count. Dick Cheney never did that. The law for certifying the winner of the electoral vote was not fulfilled. Without that step being lawfully done, nobody CAN be lawfully inaugurated.
Obama can no more be the Commander-in-Chief right now than I can. I have as many *legal* qualifications as he does at this point, PLUS I have a legally-valid birth certificate to prove my age, parentage, and place of birth. The only legally-valid BC Obama has is from some place besides Hawaii, because his Hawaii BC is not legally valid; it’s been amended and almost certainly was also late - both things disqualifying it from being legally probative.
IOW, we know that he has not been lawfully certified as the electoral winner, and we know that he has not been lawfully certified as eligible for the office of POTUS. The entire legal procedure has been evaded.
Is that problematic for you?
Article I, Section 8 gives Congress the authority to make laws necessary for executing Constitutional powers. One of those laws says that in carrying out the 12th Amendment (which you cited) the VP has to ask if there are any objections to the electoral vote count. Dick Cheney never did that. The law for certifying the winner of the electoral vote was not fulfilled. Without that step being lawfully done, nobody CAN be lawfully inaugurated.
Obama can no more be the Commander-in-Chief right now than I can. I have as many *legal* qualifications as he does at this point, PLUS I have a legally-valid birth certificate to prove my age, parentage, and place of birth. The only legally-valid BC Obama has is from some place besides Hawaii, because his Hawaii BC is not legally valid; it’s been amended and almost certainly was also late - both things disqualifying it from being legally probative.
IOW, we know that he has not been lawfully certified as the electoral winner, and we know that he has not been lawfully certified as eligible for the office of POTUS. The entire legal procedure has been evaded.
Is that problematic for you?