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To: kingu
Once the electoral college votes for a president, that person is president elect, and will assume the office when sworn in. There are no constitutional mechanisms for a court to interfere in that process

Horse Apples.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President
...
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, under their Authority

There is no specific mechanism for enforcing most of the provisions of the Constitution. Someone who is not eligible cannot be President, no matter any election results, or any oathes taken. The Courts, under the power granted in Art. III sec 2, can rule on eligibility. Not Eligible == Not President. No "removal" required.

104 posted on 07/26/2010 9:45:51 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: El Gato

Horse Apples.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President
...
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, under their Authority

There is no specific mechanism for enforcing most of the provisions of the Constitution. Someone who is not eligible cannot be President, no matter any election results, or any oathes taken. The Courts, under the power granted in Art. III sec 2, can rule on eligibility. Not Eligible == Not President. No “removal” required.


“There may very well be a legitimate role for the judiciary to interpret whether the natural born citizen requirement has been satisfied in the case of a presidential CANDIDATE who has not already won the election and taken office. However, on the day that President Obama took the presidential oath and was sworn in, HE BECAME PRESIDENT OF THE UNITED STATES. Any removal of him from the presidency must be accomplished through the Constitution’s mechanisms for the removal of a President, either through impeachment or the succession process set forth in the Twenty-Fifth Amendment.

Plaintiffs attempt to subvert this grant of power to Congress by convincing the Court that it should disregard the constitutional procedures in place for the removal of a sitting president. The process for removal of a sitting president–REMOVAL FOR ANY REASON–is within the province of Congress, not the courts.”—US District Court Judge David O. Carter in dismissing “Captain Pamela Barnett, et. al. v Barack H. Obama, et. al.,” October 29, 2009


114 posted on 07/27/2010 11:20:41 AM PDT by jamese777
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