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My from-the-hip opinion: there are some very narrow circumstances in which the US Supreme Court acts as a 'trial' court, or court of original jurisdiction, in which the Court acts as the trier of fact and law.
From Section 2 of Title III of the Constitution:
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the Supreme Court shall have original Jurisdiction. In all other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
So, I imagine that a 'state' would bring suit against the President, with the suit being filed in the US Supreme Court as the Court of original jurisdiction.
If the President were then found, by the Court, to not be eligible for the office, then his presidency would cease immediately upon issuance of the ruling, and Joe Biden (shudder) would become President.
My from-the-hip opinion: there are some very narrow circumstances in which the US Supreme Court acts as a 'trial' court, or court of original jurisdiction, in which the Court acts as the trier of fact and law.
From Section 2 of Title III of the Constitution:
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the Supreme Court shall have original Jurisdiction. In all other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
So, I imagine that a 'state' would bring suit against the President, with the suit being filed in the US Supreme Court as the Court of original jurisdiction.
If the President were then found, by the Court, to not be eligible for the office, then his presidency would cease immediately upon issuance of the ruling, and Joe Biden (shudder) would become President.
Sounds like you're calling for a prayer meeting. I think I'll be there!
The constitution would be amended to keep him in office.
Quote:
Originally Posted by Big George
I see yet another "Obama is not an American!" thread that has produced the usual diatribes.
What I'm wondering is this: What would happen if - TODAY - they came out with conclusive evidence that Barack Obama was NOT a natural born citizen?
Does that suddenly mean he has never been President? Do they strip him of the title and give it to (god forbid!) Joe Biden? Does John McCain become President?
What the heck?
Last edited by SHABAZZ310; 03-16-2012 at 10:45 AM..
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Do you agree with the rule than the President must be a natural-born citizen?
Do you agree with the rule that the President must be born in the US?
If not, who would you extend this too?
For a start, I assume being a citizen is a given.
How 'American' must they be? Must they, for instance, have spent most of their lives including childhood in the States, and speak in an American accent (i.e. arrive here before age 5 or so).
For those who don't know, our Prime Minister was born in Wales and immigrated here when she was 6.
I'm curious though... Would it be impeachment? Would something like this fall under that umbrella?
I think it would depend on the circumstances. For example, if the Supreme Court made some ruling in favor of the two-parent theory, then how could Obama be found guilty of any wrongdoing if the law was ambiguous enough to allow him to run for office, win an election and take office for several years before they made their ruling? It's not like he wasn't upfront about his parentage. I could see, under those circumstances, him being grandfathered in (To the great dismay of the anti-Obama crowd)
On the other hand, if, with the help of a time-machine, a crystal ball, and a conspiracy that started in 1959, he was able to be part of a plot to put him in the White House that started before he was born, then there would probably criminal/impeachment proceedings.
My from-the-hip opinion: there are some very narrow circumstances in which the US Supreme Court acts as a 'trial' court, or court of original jurisdiction, in which the Court acts as the trier of fact and law.
From Section 2 of Title III of the Constitution:
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the Supreme Court shall have original Jurisdiction. In all other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
So, I imagine that a 'state' would bring suit against the President, with the suit being filed in the US Supreme Court as the Court of original jurisdiction.
If the President were then found, by the Court, to not be eligible for the office, then his presidency would cease immediately upon issuance of the ruling, and Joe Biden (shudder) would become President.
The issue is thats not clear cut enough to say that applies to the president so it would first have to be established that they would hold that right in this case. Most likely a state would bring suit, it would be tied up in court for years and not concluded until after his term was up.
I think it would depend on the circumstances. For example, if the Supreme Court made some ruling in favor of the two-parent theory, then how could Obama be found guilty of any wrongdoing if the law was ambiguous enough to allow him to run for office, win an election and take office for several years before they made their ruling? It's not like he wasn't upfront about his parentage. I could see, under those circumstances, him being grandfathered in (To the great dismay of the anti-Obama crowd)
On the other hand, if, with the help of a time-machine, a crystal ball, and a conspiracy that started in 1959, he was able to be part of a plot to put him in the White House that started before he was born, then there would probably criminal/impeachment proceedings.
I think the question of his citizenship was a legitimate one to ask. But it appears to have been answered in as good a way as possible.
More than that though, there are many powerful and wealthy people who are behind getting Obama into office. I seriously doubt that he ever would have been pushed into the limelight if they had not first determined that he was indeed a citizen.
it would still have to be impeachment. even if the SCOTUS declared him ineligible after breakfast this morning there is nothing in the constitution that allows them to remove a sitting president.
I think that besides impeachment, there would be the alternative of President Obama resigning. If the documentation were conclusive that he was not a citizen, then why go through the expense and trouble of impeachment?
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Do you agree with the rule than the President must be a natural-born citizen?
