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To: King_Corey
All laws he signed and all appointments he did are null and void.

Probably not-- Google "de facto officer doctrine."

38 posted on 02/17/2011 1:28:43 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Don’t just google de facto officer doctrine, read it read the case law on it and you will find it does not apply.


41 posted on 02/17/2011 1:32:03 PM PST by rolling_stone ( *this makes Watergate look like a kiddie pool*)
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To: Lurking Libertarian
Probably not-- Google "de facto officer doctrine."

Yes. People like to get all amped up and dramatic about "what would happen" if it was determined that Obama did not meet the eligibility requirements. It is a political question, and the consequences would be determined through political processes.

He most certainly would be impeached; however, there would be no guarantee of removal.

I think this is a disappointing answer to many people, but it's the truth. The Court cannot order the POTUS to resign, nor can they declare him impotent to execute the powers of the office.

This is not to say that such revelations would not cause a constitutional crisis of the highest order. There would likely be a practical stripping of powers, with lower officials and military officers refusing to act on presidential orders.

I think the most likely result of concrete revelations of ineligibility would result in impeachment and removal within days, and an introduction to your new president: Mr. Joseph Biden.

52 posted on 02/17/2011 1:40:38 PM PST by Mr. Bird
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To: Lurking Libertarian; King_Corey
"All laws he signed and all appointments he did are null and void.

Probably not-- Google "de facto officer doctrine."

-------------------------------------------------------------

Then again...perhaps de facto would not apply to Barry.

"To satisfy the doctrine, the officer must be "in the unobstructed possession of the office and discharging its duties in full view of the public, in such manner and under such circumstances as not to present the appearance of being an intruder or usurper."

http://info.libraries.vermont.gov/SUPCT/160/op92-113.txt


56 posted on 02/17/2011 1:42:17 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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