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 ...
When Obama first introduced Biden in public as his running mate, Obama called him the next president then he corrected himself by amending his statement by saying the next vice president.
“NO! We are a Republic. We do not vote for the Presidential Candidate. We are actually voting for the elector. Regardless of the legitimacy or illegitimacy of Obama the electors were voted for legitimately. I do not know who will be the next president. I do know he will be a Democrat.”
THEY VOTED FOR A DEM SLATE OF ELECTORS BASED ON WHO THE CANDIDATE WAS - OBAMA ...
What about the people who say:
“I WOULD NOT have voted DEM, if ANYONE ELSE OTHER than Obam had been at the top of the ticket ???”
You are GIVING their vote to another DEM, when they probably would have voted for someone else.
Thanks, Starwise
Ping
Just might be that when a President-elect dies, it is treated much differently than being ineligible to hold the office of President. Horace Greeley evidently qualified to hold office per the Constitution.
I did not say it was fair. I did not say I liked it. However, that is the way it is. It sucks big time!
Then I'm sure you can point out the provisions of the Constitution or the applicable federal law that defines what to do in either situation?
I was wondering if maybe Hillary had some dirt on Obama and that’s why he’s appointing so many former Clinton staffers. I hadn’t thought about the possibility of foreign governments blackmailing him. That is frightening.
I don’t know whether Obama is a natural born citizen, but we have a right to know. It seems unlikely the Democrats would run a candidate who is not qualified constitutionally to serve as president, but what’s with all the stonewalling? With all the talk of the “lack of transparency” and “secretiveness” of the Bush administration, Obama shouldn’t find it burdensome or intrusive to produce one document.
Point out where that difference is outlined and you just might be right.
Obama himself doubts what his mother or grandparents told him. Read post 158 for his own words from his book.
http://www.freerepublic.com/focus/f-news/2139756/posts?q=1&;page=151
Why do those who lean toward communism as his mother did do anything including lie? She could have had any number of reasons. Why are some so concerned that this case may be valid and prove him a liar?
“So you would agree with Donofrio that McCain is ineligible to be president?”
Under Jus Soli, he WOULD NOT be a citizen.
Under Jus Sanguinis, he WOULD BE acitizen.
Under my GENERAL interpretation of “natural born” citizen, he WOULD NOT be eligible to be POTUS. He DOES NOT meet BOTH requirements.
HOWEVER (isn’t it strange that there is always a “however”?) ...
“Blackstone’s Commentaries On The Laws of England” AND Vattel’s “Law Of Nations” (references that the Founding Fathers leaned on heavily) ... BOTH make exceptions for a child born overseas to two (2) subjects who are in service to their Sovreign (ie: Ambassadors and Military Officers).
So, SCOTUS would have to determine McCain’s eligibility when they determine what “natural born” means - as pertaining to the Constitution ....
Obama, OTOH, would be a “citizen”, NOT “natural born” - since his father was a subject of the British Crown.
Obama has the opposite problem of McCain:
Under Jus Soli, Obama IS a citizen (assuming he was born in Hawaii).
Under Jus Sanguinis, Obama IS NOT a citizen (his father was a British National).
Under my SPECIFIC interpretation of “natural born” citizen, OBAMA WOULD NOT be eligible to be POTUS. He DOES NOT meet BOTH requirements.
Obama would be a citizen, though, by meeting one (1) of the requirements ...
....no wonder Osamabama has developed a TIC!
Words ... just words!
Rudy's parents were US citizens and Rudy was born on US soil, therefore he is a “natural born” citizen and could hold the office of President.
Rudys grandparents could be from anywhere, it would not matter as long as Rudy's parents were born on US soil, they are US citizens. Rudys parents are US citizens by being born in this country but they are not “natural born”.
However, when they as citizens gave birth to Rudy, that means Rudy is a “natural born” citizen, meaning he was born of two US citizens and was born on US soil.
My guess is the USSC will rule that Leo DoNofrio’s suit, while it has legal merit, is now moot. They will also publicly declare that responsibility for qualifying Obama rests with Congress, when they count the electoral votes in January. If one member of the House and one member of the Senate object to Obama’s votes being counted, there will have to be an up or down vote in January 2009 on the question of his being a qualified natural-born citizen. Will Nancy and Harry save Barack? Stay tuned! Once it comes to a public vote, they may just possibly prefer Joe Biden.
“If a person is born on US soil they are a US citizen but he/she is not a natural born citizen unless both of his/her parents were US citizens.
Rudy’s parents were US citizens and Rudy was born on US soil, therefore he is a natural born citizen and could hold the office of President.
Rudys grandparents could be from anywhere, it would not matter as long as Rudy’s parents were born on US soil, they are US citizens. Rudys parents are US citizens by being born in this country but they are not natural born.
However, when they as citizens gave birth to Rudy, that means Rudy is a natural born citizen, meaning he was born of two US citizens and was born on US soil.”
EXACTAMUNDO !!!
We WOULD NOT be posting these threads if Obama was a generation removed ...
That is, if Obama was born on U.S. soil, the son of two U.S. citizens (born on U.S. soil), and he was the GRANDSON of naturalized citizens ...
The Supreme Court has done that before, in 1898 when it ruled that a man was a natural born U.S. citizen regardless of his parent's nationality. And the Constitution does not take Jus Sanguinis into account for anything except treason. Donofrio is going way against established precedent in his line of reasoning, and ignoring federal law and the Constitution as well. Which is why I believe the Supreme Court will not take his case up.
Under my SPECIFIC interpretation of natural born citizen, OBAMA WOULD NOT be eligible to be POTUS. He DOES NOT meet BOTH requirements.
We do not operate under your interpretation or my interpretation. The only interpretation that matters in the Supreme Court's, and they've already spoken on the subject. I can't see anything that would cause them to reconsider the earlier court's decision.
The law disagrees with you. As does the Supreme Court.
“My guess is the USSC will rule that Leo DoNofrios suit, while it has legal merit, is now moot. They will also publicly declare that responsibility for qualifying Obama rests with Congress, when they count the electoral votes in January. If one member of the House and one member of the Senate object to Obamas votes being counted, there will have to be an up or down vote in January 2009 on the question of his being a qualified natural-born citizen. Will Nancy and Harry save Barack? Stay tuned! Once it comes to a public vote, they may just possibly prefer Joe Biden.”
Per the 12th Amendment, the House CANNOT vote for Biden - only those others who received EC votes for POTUS ...
The EC voters would have to INITIALLY vote for Biden to keep it out of the House ... which (theoretically) they COULD do.
However, once in the House - they are bound by the 12th Amendment ...
See Post #196 ...
Thank you, David. A few months ago I was flamed for quoting your previous comment about anticipating a Constitutional crisis if either Obama or McCain is installed as President.
Ping.
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