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 ...
I don't know if he is or isn't, but I and the people of this Country have a right to know.
If we don't have that right, there is nothing left to pass on to our posterity.
What lie is that?
Drop the birth certificate cases - now!
It’s funny how many freepers either don’t care or side with Obama in hiding his records. I guess having America’s first black president outweighs having America’s first ineligible, Marxist president in their minds.
I do not understand why Congress cannot get this question answered.We have frigging sheep up there.America would accept a dictator rather than stand for the truth. America for all intents and purposes is a “Paper Tiger” without leaders any lonher. We need a real Revolution.
Yikes. Never thought of this. Scary indeed.
That he is a natural born citizen
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.
Congress? Those ball-less wonders are worthless.
The civil rights movement came about because blacks had a legitimate case to make that the US was not living up to the principles and the text of the Constitution, especially those clauses dealing with equal treatment under the law.
Now that they are on the verge of what should be the capstone of the civil rights struggle, a black person taking the oath of office, what does it say when 90% of the black community supports a person who gives the appearance, at least so far, of being perfectly willing to to not live up to the text of that same Constitution?
Was the civil rights struggle not about the Constitution at all?
Nope. Not for a fraudulent election. VP would get the position if he dies or if some other circumstances sidelined him. Having a fraud on the ticket invalidates the ticket.
Philly has at least one objective newspaper left. Good artcile on the ramifications of undoing a Presidency if illegitimately in office.
Further, Mr. Vieira cited a fraud ruling in a 1977 case called U.S. v. Prudden, which he feels applies in this case.
"Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading," the ruling reads. "We cannot condone this shocking conduct ... If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately."
Mr. Vieira said such an ethical question of representing a client who refused to produce such a basic document is important, even in a small civil case. The current question is concerning the man who potentially could have his finger next to the nuclear button.
Bingo!
The MSM hasn't thought about that....yet. But then thinking is not something that is practiced by journalists. When the whole Obama background (all of it, not just the B.C.) gets exposed to daylight their true colors will be revealed.
I don't think they will be able to keep the lid on it too much longer and once those genies get out of their bottles there will be hell to pay.
I really want to believe......will the SCOTUS really stop this guy or are they too under the “Messy-ah’s” spell???
I'll bet Clarence Thomas will be on board to stop him.
No we don’t lose either way. Upholding the Constitution by keeping an uneligible non citizen from assuming the Presidency would be achieved. Unfortunately since the null and void of the election results would send our nation into uncharted Constitutional territory, it could take months for the courts to find remedy. In the mean time, I would think the current sitting President and his cabinet would have to remain until continuity of succession is established. A revote would be in order. But one would assume Democrats would fight the revote.
Better hunker down. Political uncertainty would further diminish confidence in the economy. Worst case we could see anarchy.
Unfortunately that same scenario I just mentioned could allow exceptions in the Constitution in the name of “saving America”. HOWEVER....Opening the door to an unconstitutional Obama Presidency has to be stopped. Two wrongs don’t make it right.
IIRC, his doctorate is in chemistry. He is also a grad of Harvard Law.
and
Two prior threads with the same topic of amending the Constitution to allow other than Natural-born.
I think two other documents should be subpoened - his applications to Columbia and Harvard. I graduated from Columbia College and Harvard Business School and both schools had detailed requirements about birth dates, places and citizenship. I will bet pretty heavily that, given the fact he was a very poor student in Hawaii, he gained admission under some program for foreigners. that is how his father gained admission to Harvard.
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