If Obama is proven ineligible to be president, then WHO would be president?

Self | 9/8/09 | Self

[brityank]

Where does the Constitution do that? Not Vattel. Not British Common Law. But where does the Constitution itself define natural born citizen?

You're right; I apologise for the mistake. I meant that the Constitution does show that Madison et al did show, by the phrasing they used, that they intended to show that there is a distinction based on Vattel's 'Law of Nations' Chapter XIX Section 212 - to wit:

The natives, or natural-born citizens, are those born in the country, of parents who are citizens.

As we found out from our last Impeached President, it does appear that some lawyers can be educated beyond their intelligence - otherwise every jot and tittle would require a dictionary definition included in the documentation.

As I said: There are only five instances in the Constitution detailing "citizen". Only ONE has any specified qualification: they made a clear distinction between "natural born citizen" and "citizen" in this clause. That phrase only leads to Vattel for its base determination.

[Mad Dawgg]

"It was proposed and ratified within the Constitution.

It has been settled law from that time until now."

Wait, and you claim "I" have not read the Constitution?

Succession was settled in 1967 when the 25th Amendment was ratified.

Now between the time the Constitution was ratified and succession was first written in and when it was finally "settled" did any major change in how we select a President occur?

[wbones8765]

She certified he was eligible for the office. That in itself is an act of treason!! That is an instance where ignorance is not bliss.

[allmendream]

From the Constitution....

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The 25th Amendment clarified this, but did not contradict it.

The idiotic fixation of the “ticket” of Obama/Biden does nothing to change the clear meaning of the Constitution.

[Mad Dawgg]

"The 25th Amendment clarified this, but did not contradict it."

The idiotic fixation of the “ticket” of Obama/Biden does nothing to change the clear meaning of the Constitution.

25th came about because the intent of the founders was not clear on the matter of succession and Understand they wrote the matter of succession based on what they knew at the time. Now can you tell me what they "knew" about the Vice President position in their day that is not True now?

[Judith Anne]

Have you by any chance seen this thread?

http://www.freerepublic.com/focus/bloggers/2336419/posts?page=14#14

It’s a Canada Free Press article about FEC filings, and the constitutional requirements paragraph missing from the one the DNC filed for B. O.

Interesting.

[Gandalf_The_Gray]

...the election results are null since the qualifications for Obama were not submitted and it is highly likely that Biden would have lost to McCain.

I doubt that you can change "what is" with "what might have been". I believe we'd be stuck with "Plugs", for better or worse. Who knows, he might actually rise to the occasion, sometimes the job makes the man!

Regards,
GtG

PS At least he isn't an overtly practicing communist. That alone would be a change for the better...

[allmendream]

It was clear that the VP is the successor of the President, the 25th clarified who came next.

Joe Biden was elected VPOTUS of the USA by the electoral college. If for any reason the POTUS is deemed ineligible or unable to seve during the time Biden is VPOTUS, then Biden becomes POTUS.

That is the direct language of the Constitution both in its original drafting, and according to the 25th Amendment.

There is no “we was robbed so we get a do over” clause.

[Political Junkie Too]

Biden’s first act as president will be to pardon Obama and his co-conspirators.

That would be interesting, since one could make the argument that Obama would then have been found to perpetrate one of the largest fraud schemes ever. How much money did Obama raise for his campaign? $750 million?

If he knew he was ineligible, then he bilked his contributors to the tune of 3/4 of a billion dollars. Where will that money go?

Would Biden pardon Obama for that?

-PJ

[ArrogantBustard]

IMO, the most likely outcome would be President Plugs ... and probably Vice President Pelousy ... and a severely damaged demoncRat Party. Worse than the GOP was after Watergate.

[Judith Anne]

If Obama was forced out by ineligibility, and Biden became president, he would be terrified of doing anything wrong or “unAmerican” and would be the puppet of conservatives.

I am certain of that. Because if Pelosi et al certified Obama without constitutional eligibility in all 50 states, then the democrats would be investigated from top to bottom, and the public outcry against them would be too powerful to resist.

[Judith Anne]

Here is another link to a certification without the constitutional requirement.

http://www.freerepublic.com/perl/post?id=2335078%2C151

[Mad Dawgg]

"It was clear that the VP is the successor of the President, the 25th clarified who came next."

Really? Strange, Have you really studied the Constitution and the history of Succession because you state such was Iron Clad yet:

The wording of this clause caused much controversy at the time it was first used. When William Henry Harrison died in office, a debate arose as to whether or not the Vice President actually becomes President, or if he would just inherit the powers, thus becoming an Acting President. Harrison's Vice President, John Tyler, believed that he had the right to become President. However, many Senators argued that he only had the right to assume the powers of the presidency long enough to call for a new election. Because the wording of the clause is so vague, it was impossible for either side to prove its point. Tyler ended up taking the Oath of Office and became President, setting a precedent that is followed to this day. Tyler's precedent made it possible for Vice Presidents Millard Fillmore, Andrew Johnson, Chester Arthur, Theodore Roosevelt, Calvin Coolidge, Harry Truman, and Lyndon Johnson to ascend to the presidency (Gerald Ford took office after the passage of the Twenty-fifth Amendment).

"Joe Biden was elected VPOTUS of the USA by the electoral college. If for any reason the POTUS is deemed ineligible or unable to seve during the time Biden is VPOTUS, then Biden becomes POTUS."

"That is the direct language of the Constitution both in its original drafting, and according to the 25th Amendment."

Only problem is you choose to forget a couple of things on succession. First understand when the Supreme Court takes up a Constitutional matter they are mostly concerned with divining the intent of the original Document and the founders.

Next consider that when the Founders wrote the succession part of the Constitution they knew that the Vice President was chosen by the electors by virtue of him getting the second most votes.

Now consider that Joe Biden was not chosen by the electors as the second place guy but he was chosen by the electors based on him being on the same ticket as Obama who in fact chose Biden as his running mate. Now if such is the case then apparently a Vice President is chosen for the ticket by the head of the ticket. and in this case if the head of the ticket was ineligible then how can he legally choose a running mate?

The intent of the Founders was that a Legal Candidate be President by virtue of an election, in their day a Vice President was chosen from the field of all who run by having the second most votes.

In our day a Vice President is chosen by the Head of the ticket.

Lawyers make a living on such conundrums.

[null and void]

EXCELLENT!

Obviously It has to be Cheney

The last legally elected president is termed out so it must go to his Veep!

Love it!!!!

[CaliforniaCon]

RE: “EXCELLENT!
Obviously It has to be Cheney

The last legally elected president is termed out so it must go to his Veep!

Love it!!!!”

***************

If that’s so — fantastic! CHANGE WE CAN BELIEVE IN, eh????

[null and void]

So, the answer is ...

McCain POTUS, Biden VEEP

I just threw up a little...

[Lmo56]

So, the answer is ...
McCain POTUS, Biden VEEP

I just threw up a little...

***

Unfortunately - but that is what is currently in the Constitution ...

[allmendream]

No matter how the VP is chosen, he is still elected by the electoral college to serve the Constitutional role of VPOTUS for four years.

There is no “we was fooled/robbed so we get a do-over” provision.

Biden is the legitimate VPOTUS according to the Constitution and would serve if, for any reason, 0bama is unable to serve.

Both Article II and the 25th Amendment agree that Biden would be President if, for any reason, 0bama was unable to serve as President.

[Mad Dawgg]

"Both Article II and the 25th Amendment agree that Biden would be President if, for any reason, 0bama was unable to serve as President."

I see so you are claiming that such is written then such is Iron Clad and no ambiguity exists. Correct?

[Mad Dawgg]

"Both Article II and the 25th Amendment agree that Biden would be President if, for any reason, 0bama was unable to serve as President."

BTW if you read your statement above verbatim the exact opposite is True.