Posted on 12/01/2008 6:04:32 AM PST by pissant
Controversy continues to surround President-elect Barack Obama's eligibility to serve as president, and a case involving his birth certificate waits for its day before the U.S. Supreme Court. A constitutional lawyer said were it to be discovered that Mr. Obama is not a natural-born U.S. citizen, it would have grave consequences for the nation.
According to the Constitution, a president must be a natural born citizen of the U.S. Mr. Obama's critics have failed to force him legally to produce his original birth certificate, and Mr. Obama has resisted any attempt to make him do so. Currently, only Hawaii Department of Health officials have access to Mr. Obama's original records.
Some of Mr. Obama's critics have said he was born in Kenya and have claimed he is a citizen of Kenya, Indonesia, or even a British subject.
Edwin Vieira, a constitutional lawyer who has practiced for 30 years and holds four degrees from Harvard, said if it were to be discovered Mr. Obama were not eligible for the presidency, it would cause many problems. They would be compounded if his ineligibility were discovered after he had been in office for a period of time.
"Let's assume he wasn't born in the U.S.," Mr. Vieira told The Bulletin. "What's the consequence? He will not be eligible. That means he cannot be elected validly. The people and the Electoral College cannot overcome this and the House of Representatives can't make him president. So what's the next step? He takes the oath of office, and assuming he's aware he's not a citizen, then it's a perjured oath."
Any appointments made by an ineligible president would have to be recalled, and their decisions would be invalidated.
(Excerpt) Read more at thebulletin.us ...
We presently vote for a team (Bambi and Plugs) so if one on the team is inelgible, the whole team is.
Just wait for all the criminals that are jailed because of something Obama signed into law come forward and say that want to see his birth certificate.
Last night Donofrio said that South carolina election committee is demanding proof that Obamanazi is eligibe
'Nuff said!
Biden was chosen by the convention and by 53% of the voters. There is no legal reason for him to be disqualified as vice-president.
Why would he lie about his birthplace?
Fraud.
Even you can give an answer to that question. Same as why did Sun Yat Sen claim to have been born in Hawaii, when he was born in China?
“If it occurs before the electoral college vote, the EC votes (usually on the three remaining candidates.) There might be an organized effort to get them to select Hillary.
If it occurs after the EC votes, then Congress has a go. If they do not select one, or or it decided he is ineligible before Jan 20, then the House (1 vote per state) decides the President and the Senate decides VP.
If, after Jan 20, he is ineligible, his VP takes over.
There would be no new election.”
READ the 12th Amendment AND the 20th Amendment ...
IF Obama is ruled ineligible BEFORE the EC - his CURRENT 365 votes WOULD NOT count.
In that case, the House of Representatives votes from a list OF NO MORE THAN 3 other candidates who received electoral votes. They vote as a State delegation (1 State, 1 vote).
In THIS case, OTHER THAN OBAMA, ONLY MCCAIN received electoral votes. They CANNOT “add” candidates to the list.
PER THE CONSTITUTION, THEY CANNOT VOTE FOR ANY OTHER CANDIDATE - THUS MCCAIN WINS 50-0.
IF BIDEN’S 365 votes are deemed tainted, the Senate will vote from the top 2 candidates who received votes for VP (Biden and Palin). It is a straight majority vote and would probably something like 58-42 for Biden.
IF Obama is ruled ineligible AFTER the EC, Biden would be “acting” POTUS on 20 Jan, IF A NEW POTUS SHALL NOT HAVE QUALIFIED BY THEN.
THEN, the House, and possibly the Senate, would have to meet and vote (as described above).
IF Obama is found ineligible AFTER swearing in ... WHO KNOWS? He would EITHER have to be impeached OR he would be ruled NOT to have been POTUS in the first place.
IN EITHER CASE, BIDEN WOULD BE POTUS. PER THE 25TH AMENDMENT - AT LEAST TEMPORARILY ...
HOWEVER, since the election was based on the perpetration of a fraud, SCOTUS MIGHT order the EC results null and void - and send it back to the House (and possibly the Senate) as described above ...
Since the electors were selected based on fraud (assuming Obama is ineligible) might the Electoral College need to be re-selected?
Why would he not lie about it? Lying seems to be a skill he possesses and uses well.
If it is found that Obama is a fraud, that his placement on the ballot is fraudulent — would not then Biden’s “votes” be rejected, since no one voted separately for Biden, rather every vote was for the pair Obama-Biden?
I don't think Vieira says anything here I haven't said many many times over the last six months.
I think I go a bit further. I am a business lawyer and think of the business and economic consequences of not having a legal President in place.
There will be a number of persons whose economic interest gives them legal standing to challenge purported Presidential action on the grounds that we don't have a president.
If either Obama or McCain is installed as president, it is a guarantee that we will have a Constitutional crisis as a result. The only issue is when.
Not by your definition or, as I understand it, Donofrio's. Earlier you posted your definition of natural born citizen - someone born of parents who are both US citizens and born on US soil. Now unless all four of Giuliani's grandparents were naturalized citizens when Giuliani's mother and father were born, then one or the other or both wouldn't be citizens as well. And incapable of passing on citizenship to Giuliani. That is just plain crazy.
U.S. law defines natural born citizen as one born in the U.S. The Supreme Court has ruled that even if one or both parents are foreign nationals any child born in the U.S. is a natural born citizen, with exceptions for children of foreign diplomats and the like. For you to claim that somehow presidential candidates must meet a different, higher standard of natural born citizenship is contrary to our laws, our traditions, and any court decision I'm aware of. If Obama was born in Hawaii then he's eligible to be president, it's as simple as that.
Because 365 of the Electoral College electors are Democrats committed to voting for Obama. If not him then they’ll vote for Biden.
See my Post #196 ...
“IF Obama is ruled ineligible BEFORE the EC - his CURRENT 365 votes WOULD NOT count.”
But as has been pointed out repeatedly, electors are free to cast their votes any way they wish so long as there is no state law prohibiting faithless electors (I don’t know how many states have such restrictions). So if EC knew Obama was not constitutionally qualified, doesn’t it stand to reason they would cast most of their votes for Biden? IF they voted for Obama, I concur that in tallying the Electoral Vote, the Obama votes could be set aside. But I see no rational reason an Obama elector would knowingly squander their vote in this fashion. After all, if enough wasted their votes for Obama (in a show of unity?), then this risks McCain being elected by a plurality of the remaining electoral votes etc.
Sorry, I meant why would she lie about his birthplace. His mother.
RE :This looks like enforcing the Constitution.
Are you kidding? The average voter has no idea what party holds congress let alone what is in the constitution. (The constitution does NOT authorize public school funding, anybody know that? Think that would sell now? ) Unless you can sell it in a 20 second news clip, it’s whatever the liberal media says it is.
But those electors would not vote. They have no valid electoral vote to cast for anyone — their election is nullified by the fraud.
Without this constitutional lawyer, reporters would have no way of knowing this, since they don't have access to the US Constitution.
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