If the SCOTUS were to find him ineligible... who effects his removal from office?
If he refused to leave it would be a constitutional crisis of the first order.
Would US Marshals simply have to go remove him?? Who would order them to do so. Holder? He was appointed by an ineligible president. So Holder should be out too.
Would that make Biden (an ineligible presidents choice) also ineligible to be VP. I hope so. He would be worse than
Obama.
If the Supreme Court were to rule that the Barry and Biden ticket was unqualified due to Barry’s Kenyan birthplace and that they are to vacate the White House and the Naval Observatory, then Presidents Carter and Clinton along with Secretary of State Hillary Rodham Clinton would ask for, at a meeting in the Oval Office of the White House, and receive, the resignations of Barry and Biden.
The only additional punishment would be a liftime permanent injunction which banns Barry and Biden from ever entering the District of Columbia again.
No criminal or civil charges would be pressed against either Barry or Biden.
Film at 11.
Instruct the Secret Service to stand down. Obama without his security detail will be naked against the people. Be sure to keep the members of the Nation of Islam and New Black Panthers at bay as the SS stands down.
Arresting him will be a cinch.
WOULD BE a Constitutional crisis?
There’s a Constitutional crisis going on right now. Unconstitutional “president”, unconstitutional edicts, laws, appointments, bills signed and so on.
There’s been one for years, it’s just coming to a head like a putrid boil.
In this case, they seem to be asking: is this man (Obama) eligible? And if not, and he is POTUS de facto but not POTUS de jure, and not thus authorized to issue orders as CinC, as a member of the Individual Ready Reserve, do I owe an obligation instead to Biden.
I’m wondering if any SCOTUS determination that eligibility requires a) born on US soil and b) 2 US citizen parents, would they remand the case to the lower court, and order it to conduct discovery rather than answering themselves the eligibility question specifically as it relates to Obama?
If you recall, or have read the history of Watergate, Nixon’s downfall came after the SCOTUS decided that his tapes had to be revealed to the investigating committee. SCOTUS didn’t effect his removal from office; they merely greased the skids. His resignation was a result of the revelation of the contents of the tapes.
So, if (say) they interpreted NBC per the Vatell definition, and remanded to the lower court with an order to open discovery, it could be thru that process, and not a direct SCOTUS judgment, that Obama could be removed from the office he’s holding de facto.
I’m not a lawyer, and I sure as hell don’t understand the workings of the SCOTUS, or courts generally, but they seem to act in very Byzantine ways. Taking on responsibility for any such major Constitutional question is SCOTUS’s responsibility, but they could leave the ultimate ‘nitty gritty’ work to be conducted in another, lower court. If that were to happen, Congress and the public would become highly engaged, and the matter could be settled without upheaval of epic proportions. (yes, upheaval, but we survived Watergate and Monicagate, we could survive this)
Biden was not chosen by a president, but rather a presidential candidate. He was then elected to the office of vice president by the voters.