Those questions which are inherent in the political process present a number of clean technical issues. Typically what happens when the issues are as clear as they are here is that they come up and face technical resolution in the process.
If they don't get resolved in a removal proceeding, the failure will carryover into the myriad of issues that Barry's ineligibility to hold the office presents in the government policy environment.
You can start with the general proposition that the Dems always have better legal help than the R's do. So the Dems are usually gaming operation of the technical issues well ahead of the time they are recognized by the R's and that is the case here.
What the Dems would do about it is speculation. The litney I heard from a relatively junior staff person was that the Dems would attempt to stall the proceeding with the procedural issue of eligibility--the burden of proof of all elements of the claim is on the moving party: ie the R's need to start by proving that Barry is the office holder at all. Whether they do that or not is anyone's guess.
Impeachment generally is a very difficult task. Barry is in a lot of political difficulty; it has been generally thought that impeachment would get an adverse kickback from his racial supporters however I see the current polls showing that he is losing support in that group also. It is very clear that the R's are no longer so intimidated by the difficulties.
I have set out in my earlier post what I believe the correct procedure is--I think it can be done with a majority vote by the Republicans.
Under the 20th Amendment to the Constitution the process is pretty clear--if Congress certifies an eligible person elected Vice President and does not certify an eligible person President, the certified Vice President acts as "Acting President" until an eligible person is certified President.
So technically, where we have been since January of 2009 is operating with an Acting President--Joseph Biden. Joe is not only not president, he isn't Vice President either. The 22nd Amendment makes that clear.
Section 1 of the 22nd Amendment says that "no person who has acted as President for more than 2 years of a term shall be elected to the office of President more than once."
One might think that Joe has been Acting as President for a lot more than 2 years and thus would only be eligible to run for President only once which he likely would do if Barry is ejected.
Again, I think the Dems have been here ahead of us because on several significant acts, Biden has been the actor.
Hillary and Leon Pinetta had Joe in the room for the decision to take down Osama for a reason.
Given the other things they have done (Barry's actual swearing in on both occasions was done in camera because the oath is a substantive act), you don't really know what they have done to prepare for the prospect of an end game.
That is one of the reasons the side with the best legal help usually wins these kinds of confrontation.
But it is pretty obvious that Harry is correct--lots of people in the political establishment are moving in the direction of replacing Barry.
im confused, why not bring him up on charges of high crimes and misdemeanors without attacking his eligibility..if the dems say he was not eligible the they will have to prove it...after he is removed then attack his eligibility if the dems don’t..
Why would Biden be acting president or hold any office? The people voted on the combined ticket of the usurper and Biden. If the usurper is out, so should be Biden.
From that page the first question is;
Question: What happens if the President-elect fails to qualify before inauguration?
Answer:
If the President-elect fails to qualify before inauguration, Section 3 of the 20th Amendment states that the Vice President-elect will act as President until such a time as a President has qualified.Then further down on that page is another question.
Question: Who verifies if a candidate is qualified to run for President?
Answer:
The Office of the Federal Register at the National Archives and Records Administration administers the Electoral College process, which takes place after the November general election. The Office of the Federal Register does not have the authority to handle issues related to the general election, such as candidate qualifications. People interested in this issue may wish to contact their state election officials or their Congressional Representatives.
In light of this answer I emailed the contact for that page the following.
From: Greg XXXXXXXI think there should be transcripts of some past joint sessions where eligibility is discussed. IE Chester Arthur for instance or maybe perhaps President number 10, John Tyler, who was one of the first NBC Presidents.
Sent: Wednesday, September 25, 2013 3:23 PM
To: 'electoral_college@nara.gov'
Subject: US Code 3On this page "Previous Questions of The Week." here http://www.archives.gov/federal-register/electoral-college/previous_questions.html
There are two questions I would like to address, the First one is "What happens if the President-elect fails to qualify before inauguration?" And the answer is correct as it states the process described in the 20th amendment and US Code 3 Sec 19. US Code 3 describes the process of counting the electoral vote for President and Vice President during a joint session of congress.
Then a subsequent question "Who verifies if a candidate is qualified to run for President?" That answer is not very specific. You mention the Office of Federal Register at the National Archives but go on to state it is a states issue. Well in section 11 we see the first mention of the Archivist. But there are three other copies of the certificates, one set being delivered to the President of the Senate. Then is section 15 we see that two tellers from each house previously selected and are handed the certificates for opening and are dealt with in an alphabetical order. It goes on to explain and clarify the counting process.
The word qualify does not appear until section 19 when it mentions the President "elect." This is because we have determined who the President and Vice President elect are. That is the point where qualifications are to be handled. In fact section 19 describes every different situation where someone other than the President elect would assume to act as President and in each case it also declares that that person needs to be "qualified". It is mentioned "nine" times! Now how can one think that any other person or body be responsible for seeing that in these different situations involving the qualification of the President and Vice President elect, or any of the other situation listed, be handled by but Congress?
3 U.S. Code Chapter 1 - PRESIDENTIAL ELECTIONS AND VACANCIES
So there is the process listed. Why and when did Congress start stopping at section 15?