Posted on 11/22/2008 8:32:29 AM PST by BP2
Agree. Sure is suspicious that Dean suddenly withdrew.
I agree. Actually, any "pledge" would be administered by a party/state, and such "pledges" might not stand up to Constitutional muster, since there's no such restriction in the Constitution itself. The electors are free to choose anyone, as it's written.
If he's found to not be qualified after the Electoral College elects him, then it's up to the Justices to refuse to administer the oath of office (assuming he doesn't gracefully withdraw). Still, the oath can be administered by any judge and certainly one willing to do so can be found. That would precipitate the worst Constitutional crisis in our history (excepting the Civil War, I guess). Obama would literally "Not be my president!" and I suspect a large portion of the military would refuse his orders.
I'm not sure about that scenario. The Founders never envisioned anyone of questionable eligibility ever getting that far in the electoral process, so there's no specific guidelines in the Constitution for this circumstance. If he takes the honorable route, and withdraws, we might have Joe Biden as President as of the March 4 deadline indicated in the 12th Amendment.
It's really an unknown -- but, certainly "the worst Constitutional crisis in our history" is the correct characterization.
Not semantics, timing.
If Scotus DQ's Obama before December 15, the electors can vote for someone else.
If Scotus DQ's Obama between December 15 (when the electors vote) and January 9 (it was changed this year), the Obama votes wouldn't be counted.
BTW: Something like 24 States have “Faithless Elector” laws on the books - they provide for punishment of Electors who DO NOT vote for whom they are pledged.
SCOTUS has previously affirmed these laws as Constitutional ...
Really? When and how did SCOTUS affirm the "Faithless Elector" laws?
I have heard it both ways, but I’ve heard more of that the entire ticket (Obama AND Biden) are disqualified. Thus, McCain is elected.
http://www.rallycongress.com/constitutional-qualification/1244
>>> SCOTUS has previously affirmed these laws as Constitutional ...
Actually, the sidebar on “Faithless Electors” here (http://history.howstuffworks.com/american-history/electoral-college3.htm) says:
It’s important to note, that although these states have created these laws, a large number of scholars believe that such state-level laws hold no true bearing and would not survive constitutional challenge.
Thanks, BP2, that's the same link I posted Lmo56. I'm still curious about Lmo56's assertion that "SCOTUS has previously affirmed these laws as Constitutional"
Lan is out of OK and it is a Internet Radio (IR) show that does rebroadcast on a few stations in the heartland.
Terrestrial AM rdio has totally chickened out. If it was not for these folks doing these IR shows plus Free Republic - no one would know anything.
Savage, Levin, Rush, Hannity and others are cowards. Glen Beck is just talking about how we are headed towards economic meltdown. It makes me sick that they are such cowards. The are terrified of the Fairness Doctrine but if Leo wins - it will send a message that the citizens will not be pushed around. If Leo fails, not because he is not giving his all, then we may have lost the Republic. This whole meltown was a setup.
Leo is sticking his neck out there.
Tell Leo we are here and wishing him the best. We need to try to come up with a plan to help him. Hopefully Lan Lanphere and others can set up more mirror sites foe Leo.
We need to try to do more to help Leo. We need to get him someone who may have clerked at SCOTUS to give him some help based on what was said on the radio last night.
Everyone on FR needs to know what is going on and we ned to get conservative AM radio hosts to start talking about this. They need to speak out about the games the NJ Lower Court is playing. Bush should have the Justice Dept investigate though I am not holding my breath.
We need to get the word out.
Leo is an incredible patriot.
I do not believe that can be said when the proferred 'candidate' was a fraud. The electors themselves are no more legit than the candidate. Fraud is fraud. If fraudulent electors are seated, the entire process goes back to court.
The 12th Amendment was written in response to a major problem encountered in the 1800 election. The Constitution (Article II, Section 1) originally stipulated that each of the electors would vote for two people for President, and the VP would be the recipient of the second-highest amount of electoral votes for President. In 1800 there was a tie, and it took 36 votes to finally elect Jefferson as President.
With the 12th, Electors are directed to vote for a President and for a Vice President rather than for two choices for President.
As two separate offices, the disqualification of either the President or Vice President doesn't affect the other.
So, no, the "entire ticket" is not disqualified.
The constitution doesn't say 270, it says majority. - If some of the electors are chosen by a fraudulent ticket, they are not a part of the electoral college, so the majority is of a smaller number.
Good work. 6-3 with Breyer voting for the voters. Who were the 3 dissenting?
Hopefully more conservative, librtarian and Constitutional patriotic attorneys are out there digging.
If Leo can win this then it will be a shock to both parties and the power behind O. The citizens will have a great victory.
We need to get the word out on Leo’s case and work our networks to try to help him. Everyone on FR needs to know what is going on with Leo’s case.
I think on Monday we ALL need to call every conservative radio talk show and ask them if they are going to talk about Leo’s case and the abuse and sabotage he is getting in NJ to block his case at SCOTUS. If we get a call screener for Rush, Beck, Levin, Hannity, Savage,etc tell them to ask their boss when will they talk about Leo.
I just heard another all-American Chicken on car radio--don't know who, didn't seem to advertise himself & I didn't stay tuned, it was too irritating! His guest was Mike Huckabee & they both sounded very centrist, getting along w/Hussein & giving him time to adjust to office, host thought 0 would become more conservative...give him a chance, blah blah...something also was said about rebellious cons who are just continuing to 'badmouth' Hussein--!
Are you saying that an Obama disqualification would result in McCain as Pres. and Biden as the VP?
Thanks, that’s what H.L. said too. The whole ticket is disqualified.
I’m sorry I didn’t make that clear. The dim party itself is disqualified. ;-)
But then post 52, Doug Loss, said something different.
So, I have no legal idea.
But then again, we have never been to this point before either.
No, actually its irrelevent to note that erroneous opinion. Each state's electors are chosen, and behave, as per state laws. Federal law cannot regulate how the states vote.
On Lan Lanphere’s American Overnight web site he advertises an Internet radio and I have no idea how it works. It is about $299 or something.
I was pretty sick and saddend listening to Leo on the shows but insipred by Leo, Lan and the Prarie Radio people. I felt like I was in East Germany or the former Soviet union listening to short wave Voice of America.
These Internet Radio people are the real deal. They are real patriots like Leo.
Someone said Biden couldn’t be elected VP from a disqualified ticket, but I’ve also heard to the contrary. It could be McCain and Biden. Maybe the Electors and / or S.C. Justices would determine something else.
http://www.rallycongress.com/constitutional-qualification/1244
I have turned on some people and they are walking on egg shells and not a peep about Leo. I cannot stand to lsiten to them now because they all appear to be cowards to me.
If Leo wins it would be a shot across the political parties bow that citizens are fed up with their scam. O was supported by powerful forces who could buy the MSM. These forces I think set up McCain as plan B.
The citizenry needs to fight these thugs the same way Leo is trying to fight them. SCOTUS is the only force powerful enough to enforce the Constitution to protect the citziens. Leo gets it and if some radio talker has any guts - Leo’s case could wake up millions of citizens.
Well that makes absolutely no sense to me. But then like I said. We have been been this way before.
It’s a bit scary to see what going to court does to our elections though.
And if I remember correctly, algore started it. ;-\
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