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To: Ray76

Already asked and answered.
One more time: an ineligible CANDIDATE for the presidency can be judicially removed from ballots. That’s what the 50 ballot challenges to Obama’s eligibility were about for the 2012 election cycle.
Once a President-Elect has had their Electoral votes counted and certified by a Joint Session of Congress, the 12th Amendment says that they are The President, with the only remaining requirement being taking the Oath of Office. Once the President-Elect takes the Oath of Office, the only processes to remove a President from office are impeachment/trial/conviction, resignation or removal under the provisions of Section Four of the 25th Amendment:
SECTION 4.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Under separation of powers, the courts have no ability to remove a sittng president from office.

If a candidate wins a majority of the Electoral votes, has those votes certified by the Congress and takes the oath of office, they ARE the President even if they are later discovered to have been ineligible for the office. The time to uncover ineligibility is before the early December vote of the Electors and at the latest, at the early January Joint Session of Congress for the counting and certifying of the Electoral votes.


449 posted on 07/25/2013 3:42:15 PM PDT by Nero Germanicus
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To: Nero Germanicus

Article II does not speak of “eligible to election” rather it speaks of “eligible to office”.

Article II does not differentiate between pre- or post- election, at all times an ineligible person shall not be President.

If you dispute a point made here http://www.freerepublic.com/focus/news/3045713/posts?page=375#375 do so specifically.


453 posted on 07/25/2013 3:54:57 PM PDT by Ray76 (Common sense immigration reform: Enforce Existing Law)
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