Skip to comments.Eligibility question
Posted on 07/05/2012 11:29:36 AM PDT by gop4lyf
Eventually we will get a president other than 0bama. If that president has the fortitude to actually investigate thoroughly the background of 0bama and were to find, without a shadow of a doubt, that 0bama was indeed ineligible to serve as President, would that make any bill that 0bama signed null and void?
This was kicked around a bit earlier - the unfortunate fact is, no, it would not.
My understanding is that it would create a Constitutional crisis, but I’m not sure that it would invalidate anything he signed.
As a way to nullify the health care mandate, it’s an attractive option but probably the longest shot.
I would like a Constitutional scholar’s take on this, however.
All laws would be declared invalid, all judicial appointments, replaced, all money he spent would be reprinted and bin Laden would come back to life.
I think the real answer is who knows...
There is not law or presidence for it. The founders never saw this one coming. It would be VERY difficult to unspend money, but law could be removed from the books.
You’re assuming that bin Laden is dead.
I suspect this was not the answer you were hoping for.
Actually, some one asked Mark Levin about this and he was punted. The problem with this line of thinking was that the election of the President, whoever that might be, is certified by the US Congress.
If it were a Democrat President, everything he did will stand because "It was good for the Middle Class."
The chances of Romney investigating Obama’s eligibility are about as slim as him repealing Obamacare.
In Glidden Co. v. Zdanok, 370 U.S. 530 (1962), we declined to invoke the de facto officer doctrine in order to avoid deciding a question arising under Article III of the Constitution, saying that the cases in which we had relied on that doctrine did not involve "basic constitutional protections designed in part for the benefit of litigants." Id., at 536 (plurality). We think that one who makes a timely challenge to the constitutional validity of the appointment of an officer who adjudicates his case is entitled to a decision on the merits of the question and whatever relief may be appropriate if a violation indeed occurred.This particular decision isn't a very good example for Foggers because it's one where an application of the de facto officer doctrine was overruled:
We therefore hold that the Court of Military Appeals erred in according de facto validity to the actions of the civilian judges of the Coast Guard Court of Military Review. Petitioner is entitled to a hearing before a properly appointed panel of that court.
In Obama's case, there's no question that objections have been raised PRIOR to his taking office and the seating of such a person in direct opposition to the eligibility clause violates a constitutionally afforded protection of the people via the eligibility clause.
Not to worry. That won't happen.
no kicking around required
no bill becomes law without the president’s signature
and of 0bama was ineligible, then he was not the president
the bill never became law on the first place
Our next President is going to have his hands too full with trying to get the economy back on track and national security issues to deal with a predecessor’s malfeasance.
We need a working President, and he’s going to have an uphill trek without these kinds of distractions.
That’s for history. Shoulda been done 5 years ago.
G. W. Bush was challenged to enforce the law for Bill Clinton’s lawlessness and I’m reasonably sure the mantra in DC has not changed, “let’s just move on.” Remember, those in DC are all above man’s laws.
Bills do NOT require the president to sign;a bill automatically becomes law after,I think,ten days, if passed by Congress and the president chooses not to veto or sign it;signing is really a ceremonial approval.
>Eventually we will get a president other than 0bama.<
Eventually perhaps, but that does not mean that he/she will have the courage to overturn any laws that Obama has put in place. Courage has not been the qualification of any POTUS since Reagan.
I fear that the damage that Bambi has caused to this country is permanent — he knows it and he relishes it.
Pelosi that verified eligibility tried, convicted and sent to prison.
Obama, tried, convicted on multiple counts of identity fraud including using a false SSN to file income taxes and sent to prison.
Justice Roberts impeached for failure to uphold his oath of office.
American liberty restored. Constitutional Republic restored.
All future elected officials monitored closely to ensure all laws are as enumerated in the Constitution.
Americans live happily ever after and get on with life.
How do you like me so far?
the defacto officer doctrine would not apply...
I think anything he signed it would stand because he was legally president at the time of signing .
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