The law I’ve seen cited repeatedly here at FR was superseded in the 1970’s by a further clarification. Yeah, technically Obama falls under the previous law about the citizen mother spending 5 years after her 14th birthday and before the birth of her child in the US, but with Obama being born to a teenage mother, it would literally be impossible to fulfill this requirement.
Was the intent to DQ children of teenage mom’s? or to discourage divided loyalties that could result from spending too much time in the years around the birth in a foreign land?
Obama’s mom DID live in the US five years before, and 5 years after Obama’s birth (with a possible short visit oversas), so the DQ comes because she did not sandwich the “five years” between her 14th bithday and Barack’s birth, 4 years and 8 months later. I don’t think the courts are going to do anything. It’s too easy to wiggle out of this, and wiggling is what they desperately would want.
What law and what clarification ? The law that was in effect at the time of his birth is the only law that applies unless changed retroactively, which it wasn't.
Thanks. Yes, I remember reading all of that but it is all moot since it is ultimately up to the Supreme Court to determine what the intent of the founders was in framing the Constitution. It is what it is. If the rats don’t like it, the Constitution contains it’s own tool for changes, AKA the amendment process.
FRegards,
LH
And so it is. It's called the LAW.
Gotta say, you're arguing your case like a true Democrat.
I don't know that the courts *can* do anyting, other than require him, or the Hawaiian authorities directly, the long form birth certificate.
After that, it's up to the Electors, the Congress (inlcluding perhaps the President of the Senate, Dick Cheney), and finally the people. If the revaltion came before the electors vote, they would vote for some other Democrat, hopefully after checking on that one's eligibility. If between the time they vote and Dick Cheney opens the tally sheet, then it's up to Congress. If after the Inaguration, Congress *could* impeach and remove, although (although technically since he'd be ineligible, he never really would have held the office, so maybe the 25th amendment, section 4, would have to be invoked, since an ineligbile person is unable to discharge the duties of President.
Section. 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Of course a Rat Congress and a Rat VP are unlikely to do that, and the only course of action would be Jefferson's.
I have no idea what would happen if the revelation came between the Congress certifying the election and inauguration. I guess All Hell Would Break Loose.