To: El Gato
So is being ineligible per Art. II section 1 a "high crime" or a High Misdemeanor, since it's certainly not Treason (as defined in Art. III Sec. 3) or bribery?
I don't believe simply having been ineligible would be a high crime or misdemeanor. Article II isn't any sort of criminal statute.
However if Obama knew from the start that he was not constitutionally eligible, then he would have indeed committed "high crimes and misdemeanors" during the election process.
Can a person not eligible actually *be* President, regardless of any certified count (and that's all it was, the candidate was not being certified, just the votes of the electors) or ceremony.
The Constitution clearly lays out he process by which a person is entered into the office of President. Once that process had played out, then whomever that person is is the President of the United States until such time as they die or otherwise become incapacitated, are removed from office, or fulfill their term of office.
And the Constitution gives only one means by which a sitting President may be removed from office.
To: Michael Michael
However if Obama knew from the start that he was not constitutionally eligible, then he would have indeed committed "high crimes and misdemeanors" during the election process. What crimes would those be?
But, if that is the case, and the House refuses to even try to impeach, what then? Do the people have no recourse to enforce the Constitution?
454 posted on
03/02/2009 5:14:58 PM PST by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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