Posted on 11/05/2008 7:43:12 PM PST by April Lexington
The Electoral College will have the duty to certify that the winner of the "election" is properly qualified to take the oath of office and serve as President of the United States of America. Obama's birth cettificate may be required.
Sure it will.
MY thoughts exactly. I was just pontificating that same point with my better half. There are a lot of unresolved issues with BHO. The Clintons do not go down this easy.
They should do that one of these days.
Just for fun.
This could get ugly – quickly.
Here’s the full deal for SCOTUS (it is lengthy):
SCOTUS could TOTALLY IGNORE the issue and refuse to hear the case, citing lack of standing, but I think that they won’t. If they ignore this, then they might as well throw the Constitution out the window. It wouldn’t be worth the paper its written on. Anyone could then thumb their nose at the Constitution. I think they have to hear the case and demand the birth certificate.
Assuming Obama is found ineligible:
1. If BEFORE the Electoral College meets, McCain’s electors from all States would be seated (since Obama would not have been qualified) and the vote would be 538-0 (Article II, Section 1, Paragraph 3). This would happen because Obama would not have been qualified to run in the first place. Biden would be VP since the 12th Amendment provides for the separate election of POTUS and the VP. Biden would be eligible and his electors would elect him. Thus, a McCain/Biden term.
2. If AFTER the Electoral College meets and certifies him, but BEFORE inauguration, the 20th Amendment provides that, if before the time fixed for the beginning of his term, the President-Elect shall have failed to qualify, then the Vice President-Elect shall act as President until a President shall have qualified. The same scenario as in (2), above, would then likely apply.
3. If AFTER inauguration, the 25th Amendment would apply and Biden would be President and choose his VP (with Senate confirmation). However, McCain might be able to sue – based on fraud and demand that the scenario provided in (2), above, be applied. Or, barring that, a new election.
4. Of course, SCOTUS could decide to avoid (1), (2), and (3), above, by declaring a fraudulent election and ordering a new one with verified eligible candidates. This would necessitate the implementation of Continuity Of Government laws – allowing Bush to remain POTUS until the election. Probably with the caveat that no new laws be passed in the interim.
5. Here is another wrinkle … the Immigration Control and Reform Act of 1986 (IRCA) mandates employment eligibility verification. POTUS is a federal job and ALL federal jobs require this. Who would do it – I don’t know. Hopefully, the Electoral College. If SCOTUS does not require verification (in this case, including natural born status), then it would set a precedent in violating the law.
If no verification is done, then (I suspect) any employer recently fined and/or convicted for using illegal workers would have immediate grounds for dismissal on the grounds of 14th Amendment Equal Protection and discrimination violations – WHAT A MESS!
What would happen? Why we’d see the Constitution amended in jig time, of course.
Obama’s birth cettificate may be required.
Don’t count on it; they’re convinced he can walk on water and feed the multitudes with a single loaf of bread. They won’t ask for anything from him except that he allow them to genuflect before him and drink the holy Kool Aid.
This will not happen.
zerO must be allowed, unfortunately, to fail solely on his policies and performance. Ditto his loyal donks. There is not much the rest of us can do except Starve the Beast and try to survive the next 8 years while electing our own in the 2009 state/local elections and 2010 midterm elections, and then rinse and repeat in 2011 and 2014.
There is no way I can see to educate the American populace, especially those under 35, on the results of this election other than to allow it to play out in all its grisly horror.
Those who want to pursue this BC issue will be totally discredited by all sides if you continue. That is just a fact. It has been amply demonstrated up til now that no one in any position of authority anywhere cares about qualifications, the Constitution or the rule of law. We have enough to do to make sure they don’t destroy everything that makes us free citizens, as opposed to subjects.
The best course, IMO, for conservatives is to live our lives as an example of how to survive the debacle that is in process right now. You could help boost the population and resultant representation in rural areas and give yourselves some protection by moving out of the target cities/states and becoming self-reliant for the duration.
The left bought this election and the country, for the duration. They have to prove they can succeed with their policies and their figurehead. I am betting they cannot and that this administration will discredit them for the rest of time with the idiots who elected zerO to make themselves feel good or to get something for nothing.
FWIW.
You are, unfortunately, correct. As Hugh Hewitt has noted, although the Constitution establishes the requirements to hold the office of President, there is no verification requirement or process mentioned. As this has not been raised as an issue in the past -- most often because the president-elect has provided unambiguous proof of their natural-born citizenship -- it needs to be resolved; that is, either that proof is required or we just take candidates' word on it.
Gee, if this was a Republican president-elect with even the most remote question of their qualifications, what do you think the left/Democrats would do?
I pray you are correct. And thanks for hint of optimism.
And the electors are all party hacks.
I disagree. If Obama would be deemed unable to take the oath of office, Biden, not having also taken the oath, would not be eligible to be the President. It would go to the other candidate running for President. If a gold medalist in the Olympics is deemed disqualified, the olympic committee is not going to pass along the Gold medal to an alternate, but to the 2nd place finisher.
“Birth Certificate MAY be required?”
Exactly what I was wondering. It “might be” required? And how about proof of his being a US citizen after having had Kenyan citizenship? I do not believe this issue will ever be resolved with actual documents coming to light.
I need to look up information about the duties of the Electoral College and find out when they are required to meet to take care of their responsibilities. Obviously it must be some designated time between Election Day and January 20th!
Do you know and have you done any research on this? Thanks!
What “case” is presently before the SC? I had read that Berg’s case was already ruled “no standing”, and did not know anything about another case. Thanks for your detailed information! Just trying to learn more and need a lot of help!!
“Exactly what I was wondering”
Nobody has the nerve to get to the bottom of this. Can you imagine if all the documents do show that he is NOT a natural born citizen? And if he was removed? The country would go into meltdown (I’m ready). On the other hand, everything might come out just before the inauguration in which case I would fully expect them to totally IGNORE the Constitution to give us a glimpse at what to expect.
I’ve been doing a trememdous amount of reading these past few days, and there is a series of things that happens to actually “elect” the President. I am brand new to posting, and I submitted information on a site called www.wethepeoplefoundation.org, which is trying to raise money to put this issue out into the mainstream press so that more people become aware of it.
I also read yesterday that Obama’s lawyers answered Chief Justice Souter by asking for a Protective Order - in other words, they don’t want to produce the birth certificate. I think Obama will have to, or he can be disqualified by the Electors, members of Congress, or court order. Check out that site - it explains the entire process.
If this can be out on the front page of USA Today, as they plan to next week if they can raise the money, Obama would be forced to answer. There is a huge amount of evidence that he was not born in the United States.
Have you guys checked out the site www.patriotbrigade.com? Another one is www.freedommarch.org. There are a lot of groups who want the truth about Obama. If he was born here and he’s a legal citizen, then we’re stuck with him, unfortunately. However, the onus is on him to prove that, and if he can’t, he isn’t qualified to serve, and, according to the U.S. Constitution, he CANNOT serve. He would be considered a usurper.
Berg originally filed in federal court and got denied based on “lack of standing” - not on the merits of the case. He then took the case to the second federal court level - same result.
Basically, the first two federal judges punted.
Berg has now filed a Petition for Writ of Certiorari with SCOTUS.
He also filed an application with SCOTUS for an injunction to stay the 11/4 election until this could be resolved. That application was DENIED by the supervising SCOTUS judge (Souter) for that federal district and the election was held.
However, the Petition for Writ of Certiorari is still in place and Obama has until 12/1 to respond.
The response will be as to why SCOTUS should NOT grant the Writ of Certiorari. And Berg will have an opportunity to respond to Obama’s response.
A Writ of Certiorari basically tells the lower courts that they erred in dismissing the case. If granted (4 SCOTUS justices have to agree), the case is NORMALLY remanded back to the lowest federal court.
However, in this case, SCOTUS may decide that original jurisdiction applies and take the case directly, under Supreme Court Rule 11.
Then, they would hear the case and decide. Whatever decision, that would end it right there and all other lawsuits that have been filed in this matter (there are like a dozen) would be moot.
Do you have a source (Internet URL or something) about this protective order - first that I have heard about it.
Theres nothing listed at the SCOTUS site under the “Proceedings and Orders” section of Berg’s Docket File.
Maybe they just haven’t updated the Docket File yet.
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