Posted on 12/07/2010 12:52:05 PM PST by OneWingedShark
The unrelated hypothetical situations... They are stupid...
Which ones are unrelated?
And if they’re so stupid then why aren’t you pointing out their specific flaws?
What would be the point?
You’ve had the flaws pointed out to you before, but like most of those who tend to keep this issue alive, none of it registers and you keep claim that no one has answered your question.
Actually what ‘flaws’ were pointed out were along the lines of:
“You’re either a commissioned officer or not.”
While true, it entirely avoids the issues at hand. Further, I have references which state, in no uncertain terms that ALL authority in the military is derived from some higher authority with the highest military authority (the commander-in-chief) deriving his from the Constitution; the Constitution clearly lays out the requirements for President:
1) Age being at least 35, with 14 years residency within the States, and
2) Natural Born Citizen status, excepting those who were citizens of [one of the] States at the time of the ratification.
The title 10 section which someone pointed out as appointing the Secretary of Defense as “The Guy” failed to realize that the sentence before the one he bolded said that he was ASSISTANT TO THE PRESIDENT. Now, if there is no legitimate President to assist, then ANY action he takes is beyond the scope of his authority.
This has zero relevance to the eligibility of BHO.
You might think that BHO is ineligible, but those with the legal authority to make such decisions do not agree with you.
>You might think that BHO is ineligible, but those with the legal authority to make such decisions do not agree with you.
That’s like saying “those with legal authority see the BATFE as not infringing on the right to keep and bear arms” as your counterargument to someone claiming that the BATFE does infringe on those rights despite the second amendment.
>You posed a thought experiment in which you clearly choose on your own accord to pose as having authority never granted to you by those with the legal authority to do so.
So then you claim that Obama had no choice but to accept the nomination for president?
>This has zero relevance to the eligibility of BHO.
It does; if he knew he was ineligible, yet ran anyway and actually won, upon inauguration he would be posing as having legal authority, no?
The *best* argument I’ve heard that BHO is president regardless of his constitutional eligibility issue is that of the phrase “The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed;” in the 12th Amendment. However, it does not specifically nullify the requirements for President (35+ & NBC) and good argument may be made that that no person not eligible for the office should be permitted to run: that is, there should be no way to vote fro an unqualified individual.
However, this is *NOT* your argument, nor is it the argument of any of these “legal authorities.”
No.
No.
No.
No.
Good luck getting anywhere with this.
No.
No.
No.
No.
Good luck getting anywhere with this.
From the wikipedia page on thought experiments:
Given the structure of the experiment, it may or may not be possible to actually perform it, and, in the case that it is possible for it to be performed, no intention of any kind to actually perform the experiment in question may exist. The common goal of a thought experiment is to explore the potential consequences of the principle in question.
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