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To: sourcery; All

“Given such a ruling by the SCOTUS, the US military would have the final de facto say regarding who is, or is not, POTUS. Based on past history, they would probably back the SCOTUS. They probably wouldn’t have to do anything other than state that, based on the SCOTUS ruling, they no longer recognize Obama as Commander in Chief. Were that to happen, the debate would be over (with apologies to Al Gore.)”

Even though I privately (never openly in public in my name) question the constitutional eligibility of POTUS Obama (in my “opinion” being the son of an alien is enough to disqualify). I must tell you that a SCOTUS decision would be a step in the right direction to depose a sitting POTUS. However, as a member of the military, reservist in my case, I would NOT support (nor participate in) deposing a POTUS until the congress properly impeaches him in the House and convicts him in the Senate. The SCOUS has no power to remove any POTUS, only to rule on the Constitution. If the Congress fails to properly act on that SCOTUS decision, I (IMHO) cannot act. For me to do so would be unconstitutional. I cannot violate the constitution to uphold it. Also, this is NOT a banana republic. The military cannot take sides, it is too dangerous a precident. The military take orders from the CINC and the chain-of-command flowing down from that office. Until that person is constitutionally removed, regardless of personal feelings of like or dislike, the sitting POTUS is in charge.....anything else is dangerous anarchy. You don’t want this to happen.


85 posted on 09/26/2009 7:44:35 AM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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bukp


86 posted on 09/26/2009 7:47:53 AM PDT by ExGeeEye (Keep your powder dry, and your iron hidden.)
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To: Sola Veritas
IMHO, as one who took the same oath as I assume you did, it would merely be necessary for SCOTUS to rule the DFPOTUS (de facto POTUS) constitutionally unqualified; he is instantly no longer POTUS and need not-- indeed, cannot-- be impeached. He is simply a person-- perhaps an illegal alien!-- inhabiting a building at 1600 PA Ave.

(I would hope that in so ruling, the SCOTUS would rule on who is and has been the legal POTUS since 1/20/09.)

Any law officer, military member, any citizen who had sworn to uphold the COTUS would then be able, d--d near obligated, to go arrest that man and at the very least expel him from the office and the house.

92 posted on 09/26/2009 8:03:36 AM PDT by ExGeeEye (Keep your powder dry, and your iron hidden.)
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To: Sola Veritas
Were the SCOTUS to rule that Obama is Constititionally incapable of being POTUS, then it would be legally and logically impossible for Congress to impeach him. Why? Because to be impeached, you first have to actually be POTUS. At that point, as a matter of law, Obama would de jure not only not be POTUS, he would never have been POTUS. He would already not be in office, nor would he ever have been.

Even with a Congress consisting entirely of Republicans, you'd be waiting for an event that, legally and logically, could never happen. Once SCOTUS rules as mentioned above, all that remains is for those who depend upon the authority of the POTUS to legitimize their official activities to respect the Constitutional chain of command by giving full weight and effect to the decision of the SCOTUS.

116 posted on 09/26/2009 10:01:37 AM PDT by sourcery (Party like it's 1776!)
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To: Sola Veritas

The oath you swore, just as I did, many times over, is to the CONSTITUTION (and thus to the People, the bedrock of its authority), NOT to the government, the President (though you did swear to obey his LAWFUL/CONSTITUTIONAL orders), SCOTUS or the Congress. If competent authority (SCOTUS) says the “man” is a usurper, that, in my mind, is enough to act on. ESPECIALLY so if the Congress refuses to act in that situation.


177 posted on 09/26/2009 11:27:17 PM PDT by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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