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Allow me to preface this, that I do not believe in any way that Obama is here illegally or that he is a naturalized citizen. I'm sure if he were not eligible for election to the Presidency, Clinton's people would have dug that up in a heart beat.
That said..............
Hypothetically speaking, if we went through an election and after President Elect So-And-So was chosen and before they actually took office the country was to find out that he/she was actually a naturalized citizen and therefor ineligible to run for President, what would happen next?
Would the office automatically fall to his VP Elect? Would the other party's candidate get the office? Would that party's 'runner up' for lack of a better term be given the office? Would we have to go through another election and possibly have the current in house President stick around and pull some over time in office until we have a new President Elect??
Anyone know? On the way home someone called in to a radio show that I listen to and insisted that Obama was naturalized, not natural born and therefor can't take office. The talk show host kind of blew him off. Don't blame him. I just don't think there's a big conspiracy there. I don't doubt his citizenship. And no, I didn't vote for him, but I think he is a citizen and he won the election and some people need to accept it and hope for the best for the next 4 years. Honestly, I think he's doing better so far (I know he's not taken the office yet) with the decisions he's made than I thought he would.
Anyway, it did make me wonder what would happen if we were in that position though. You'd hope that before he even became the candidate for a party that something like that would come up, but if it didn't........ then what?
Along those same lines, when Cheney took office in 2001 he was a citizen of Texas just like Bush. The President and VP cannot be residents of the same state. Someone filed suit but the Supreme Court said that the person filing suit wasn't personally affected and dismissed the lawsuit. Same with these challenges to Obama's citizenship. The legal ramifications are nightmarish and unprecedented. By the way, I don't think anyone wins these elections through our voting--it's beyond corrupt now.
Hypothetically speaking, if we went through an election and after President Elect So-And-So was chosen and before they actually took office the country was to find out that he/she was actually a naturalized citizen and therefor ineligible to run for President, what would happen next?
Would the office automatically fall to his VP Elect? Would the other party's candidate get the office? Would that party's 'runner up' for lack of a better term be given the office? Would we have to go through another election and possibly have the current in house President stick around and pull some over time in office until we have a new President Elect??
Once the Electoral College meets the process would have to go as follows.
According to 3 U.S.C. 15. Section 15
"[e]very objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made . . . shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision.”
If both Houses determine that the candidate is unqualified the XII Amendment sets forth the process that would have to be pursued.
Amendment XX
Section 3.
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
So, what does that mean? Who knows, but it would be the Congress's duty to come up with a scheme by which a qualified candidate would be chosen to be President. In my mind the most practical solution in descending order would be to select the Vice President, selection of the second highest voter getter, or to hold the election over again.
As for the courts, at this point in the process, I don't see that there is any role Constitutional or otherwise for their involvement.
By the way, I don't think anyone wins these elections through our voting--it's beyond corrupt now.
Amen there!
Well, seeing as how Congress ultimately would get to decide, I think most likely if you had a Democratically controlled Congress, you'd get the Democratic party candidate and vice versa. But then again, with our gov, who knows??
Thank you for the answer Ovcatto. It's what I was looking for! Now I'll be able to shut off the brain and get some sleep tonight!
If it was true, it would be easier to keep Obama as a puppet and just have him do what you want him to do. But no way would just a few people be able to keep this secret, it would be known by both parties leadership, and above them, and a quid pro quo would be hashed out. As it was said, the government and the election system is beyond corrupt.
We are now living in interesting times.
If it was true, it would be easier to keep Obama as a puppet and just have him do what you want him to do. But no way would just a few people be able to keep this secret, it would be known by both parties leadership, and above them, and a quid pro quo would be hashed out. As it was said, the government and the election system is beyond corrupt.
We are now living in interesting times.
I just love, these "Powers that Be" big sit down postulates.
The electors have now voted, and presumably 365 of them voted for Obama and Biden. If it were at this point proven that Obama was born on Mars, Biden would be sworn in as the 44th President on Jan 20. Within minutes, Congress would pass and Biden would sign a law creating conditions under which Obama was retroactively made a natural born citizen. Biden would then appoint Obama to fill the vacant VP slot. Biden would resign. Obama would be sworn in as the 45th President. He would then fill the vacant VP slot by appointing Biden...
I had forgotten that the term "natural born" is defined by statute and not by the Constitution, with that in mind an even more efficient remedy in the case of a challenge to Obama's eligibility would be to simply amend the statutory definition before even having to decide if he qualified or not which would preclude the need for Biden to even be placed as the interim president.
Senate Republicans might have filibustered...Bush might have vetoed...various messy prospects lay down that road. The 111th Congress would seem to have been the logical place to be...
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