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Obama Fomenting A Constitutional Crisis: Constitutional Lawyer Discusses Ramifications
The Bulletin ^ | 12/1/08 | John Connolly

Posted on 12/01/2008 6:04:32 AM PST by pissant

Controversy continues to surround President-elect Barack Obama's eligibility to serve as president, and a case involving his birth certificate waits for its day before the U.S. Supreme Court. A constitutional lawyer said were it to be discovered that Mr. Obama is not a natural-born U.S. citizen, it would have grave consequences for the nation.

According to the Constitution, a president must be a natural born citizen of the U.S. Mr. Obama's critics have failed to force him legally to produce his original birth certificate, and Mr. Obama has resisted any attempt to make him do so. Currently, only Hawaii Department of Health officials have access to Mr. Obama's original records.

Some of Mr. Obama's critics have said he was born in Kenya and have claimed he is a citizen of Kenya, Indonesia, or even a British subject.

Edwin Vieira, a constitutional lawyer who has practiced for 30 years and holds four degrees from Harvard, said if it were to be discovered Mr. Obama were not eligible for the presidency, it would cause many problems. They would be compounded if his ineligibility were discovered after he had been in office for a period of time.

"Let's assume he wasn't born in the U.S.," Mr. Vieira told The Bulletin. "What's the consequence? He will not be eligible. That means he cannot be elected validly. The people and the Electoral College cannot overcome this and the House of Representatives can't make him president. So what's the next step? He takes the oath of office, and assuming he's aware he's not a citizen, then it's a perjured oath."

Any appointments made by an ineligible president would have to be recalled, and their decisions would be invalidated.

(Excerpt) Read more at thebulletin.us ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Front Page News; Government; US: Hawaii
KEYWORDS: bcrepository; birthcertificate; certifgate; certifigate; democrats; larrysinclairslover; obama; obamatransitionfile; obamatruthfile; repository; stbc; vieira
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We'll pry these documents out of his cold, marxist fingers...
1 posted on 12/01/2008 6:04:33 AM PST by pissant
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To: pissant

saved


2 posted on 12/01/2008 6:05:49 AM PST by gunnyg
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To: pissant

Obama knows the truth. If he knows he’s not eligible then he has made a clear decision to first ‘run out the clock’ on hiding the truth before he’s sworn in and after when he’s caught out pose “So what are you going to do about it?”


3 posted on 12/01/2008 6:07:41 AM PST by AU72
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To: pissant

One might assume that it would pass to Biden but that cannot be so and IMHO, McCain would have to be declared the winner.


4 posted on 12/01/2008 6:08:13 AM PST by Sacajaweau (I'm planting corn...Have to feed my car...)
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To: pissant

Bump


5 posted on 12/01/2008 6:12:16 AM PST by BulletBobCo
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To: pissant

Line 3 (Citizenship) Indonesia
Line 4 (Religion) Islam

6 posted on 12/01/2008 6:13:23 AM PST by Diogenesis
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To: Sacajaweau

“One might assume that it would pass to Biden but that cannot be so and IMHO, McCain would have to be declared the winner.”

Nahh. The election would become null and void and a new election would need to be scheduled. Since Bush’s term would be over, the Speaker of the House would probably assume the role until a new election is held.

How does President Pelosi sound?

My question becomes, if this is the case, would the entire election become null? Senators, Congress and ballot issues? One can se the anti-prop 8 loonies crying for this.


7 posted on 12/01/2008 6:13:38 AM PST by EQAndyBuzz ("Control the information, you control the people.")
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To: Sacajaweau
"One might assume that it would pass to Biden but that cannot be so and IMHO, McCain would have to be declared the winner."


Should the zero become ineligible to be POTUS "one might assume" that there will be CW-ll.


Pass the ammo

8 posted on 12/01/2008 6:14:05 AM PST by G.Mason (Duty, Honor, Country)
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To: pissant

RE “it would have grave consequences for the nation.”

That’s why I think courts will not touch it. And I would suggest elected republicans not go near it( for purely political reasons) , unless there is funny business putting Al Frankin in the Senate by congress.

But I like the theme, you know some democrats still say GWB was ‘selected’ in 2000? Look how many books they wrote on that.


9 posted on 12/01/2008 6:14:37 AM PST by sickoflibs (McCain asks: "Did you stupid conservatives really believe me? HA-HA-HA, wait til 09")
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To: G.Mason

Fine by me, if that’s what the libtards want.


10 posted on 12/01/2008 6:15:20 AM PST by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

The Supreme Court Justices’ devotion to the Constitution will be severely tested soon.


11 posted on 12/01/2008 6:15:49 AM PST by reasonisfaith (In lying to me, Mr. government official, you have granted me moral authority over you.)
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To: pissant
Edwin Vieira, a constitutional lawyer who has practiced for 30 years and holds four degrees from Harvard, said if it were to be discovered Mr. Obama were not eligible for the presidency, it would cause many problems.

I already knew that and I don't hold even one degree from Harvard.

12 posted on 12/01/2008 6:16:41 AM PST by Homer_J_Simpson ("Every nation has the government that it deserves." - Joseph de Maistre (1753-1821))
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To: Sacajaweau
One might assume that it would pass to Biden but that cannot be so and IMHO, McCain would have to be declared the winner.

And Alaska may yet lose a Governor!!!

13 posted on 12/01/2008 6:17:44 AM PST by Don Corleone (Leave the gun..take the cannoli)
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To: Sacajaweau

I agree that it wouldn’t be passed to Biden. His nomination would have to be rendered invalid as his candidacy was based on a lie.


14 posted on 12/01/2008 6:17:46 AM PST by jersey117
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To: AU72

If proven that he’s fostered one of the biggest election frauds in this country’s history, what will his lemming-like followers say? Who would they hold responsible? Would they turn on him, or would they say that “The Man” is trying to take him down? So many questions needs answers. I pray that the SCOTUS does the right thing.


15 posted on 12/01/2008 6:18:03 AM PST by NCC-1701 (DRILL NOW. DRILL OFTEN. DRILL 24/7/365. PAY LESS. SUCK THE GROUND DRY.)
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To: pissant

Is this BC lie being exposed the reason BO is getting an eye twitch?


16 posted on 12/01/2008 6:19:50 AM PST by jetson
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To: Sacajaweau

IMHO

The dems would need another primary and new general election since Hillary can claim she would have been nominated

SCOTUS should schedule another date for a new election


17 posted on 12/01/2008 6:20:20 AM PST by uncbob
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To: pissant
"I can't believe I'm the only lawyer who would think of this," said Mr. Vieira. "I think any criminal lawyer defending against one of these politically charged statutes is going to come up with this. That means it will never go away until that document is laid down on the table and people say, 'yes, there it is.'

One of these days this rubber check zero has written the American people must clear the bank.

18 posted on 12/01/2008 6:20:33 AM PST by Walmartian
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To: pissant

Who do we get then? Biden? Pelosi? Hillary? We lose either way.


19 posted on 12/01/2008 6:20:59 AM PST by couchpotatoxxx12
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To: pissant

That’s what they want & that’s what they’ll get.


20 posted on 12/01/2008 6:21:48 AM PST by G.Mason (Duty, Honor, Country)
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To: EQAndyBuzz
I have to think like a lib...And say that "then Hillary" would have been the "legitimate" candidate and libs would scream that since their vote "didn't count" for Obama, they would have voted for Hillary...and therefore, Hillary should be President.

IMHO, Obama will someday be called "The Illegitimate President".

21 posted on 12/01/2008 6:22:59 AM PST by Sacajaweau (I'm planting corn...Have to feed my car...)
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To: pissant

I’ve told all you people, it doesn’t matter where BO was born, the SC will not allow this to become a Constitutional crisis. They are going to find a way to gloss over it and slide it through, regardless of the truth.

And if anyone is foolish enough to think that, once he is sworn in, it will matter, nope.

You are going to see strong arm tactics that will make the Clintons look like Girl Scouts. The Justice Dept, the IRS and other federal agencies are going to be ruthlessly used to intimidate and silence political opposition. Ironically, it will be everything (and more) of what the tinfoil hat Dummies have accused Bush.


22 posted on 12/01/2008 6:23:04 AM PST by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: pissant
"He takes the oath of office, and assuming he's aware he's not a citizen, then it's a perjured oath."

Would not a "Perjured" Oath of Office for the office of the President of the United States be treason? It is a willful undermining of the highest government office in the nation, not to mention the same of our military. Barry Soetoro would be wise to consider his actions carefully. He's playing poker all-in and bluffing with a soft hand. He might win the pot, or it might cost him everything.
23 posted on 12/01/2008 6:23:55 AM PST by so_real
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To: NCC-1701
I pray that the SCOTUS does the right thing.

SCOTUS has to know how a bad a hit it will take if it passes on a review now only to have him turn out ineligible later.

24 posted on 12/01/2008 6:24:33 AM PST by AU72
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To: Sacajaweau

RE “McCain would have to be declared the winner.”

This imaginary situation would not help republicans and would hurt them even more than 2006-2008 did with GWB/McCain. Fellow Freepers would be very unhappy with the effects of this.

But it wont happen, the supreme court would refuse the case not wanting to start another civil war. I can hear it now: “Mccain was ‘Selected’ not ‘elected’”, Wait, I heard this for eight years! LOL .


25 posted on 12/01/2008 6:24:38 AM PST by sickoflibs (McCain asks: "Did you stupid conservatives really believe me? HA-HA-HA, wait til 09")
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To: uncbob

Just because one party’s candidate is invalidated doesn’t invalidate the whole election. The president would be chosen from the remaining candidates.


26 posted on 12/01/2008 6:24:51 AM PST by Elderberry
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To: Diogenesis

What is line 2? Looks like it says Honolulu?


27 posted on 12/01/2008 6:25:13 AM PST by NurdlyPeon (Sara Palin: Americas' last, best hope for survival.)
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To: NCC-1701
I pray that the SCOTUS does the right thing.

They must do the right thing. How could they in good conscience swear him in without proof that he is eligible? The Supreme Court must uphold the Constitution or they are meaningless.

28 posted on 12/01/2008 6:25:50 AM PST by jersey117
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To: pissant

In a sports event, I know-different, but if one side cheats or in this case, one side would be fraudulent, the other side automatically wins. That seems sensible here as well.


29 posted on 12/01/2008 6:26:22 AM PST by RGPII
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To: pissant
An excellent commentary on the issue by Vieira. Despite four degrees from Harvard, Vieira for SCOTUS!!
30 posted on 12/01/2008 6:26:36 AM PST by 668 - Neighbor of the Beast
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To: AU72
...after when he’s caught out pose “So what are you going to do about it?”

The answer to that is obvious, he'll be removed from office and every action he took while president will be invalidated.

31 posted on 12/01/2008 6:27:09 AM PST by Non-Sequitur
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To: so_real

President Flim Flam.


32 posted on 12/01/2008 6:27:24 AM PST by Eric in the Ozarks
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To: Sacajaweau; Congressman Billybob

Per Congressman Billy Bob if he were declared inelgible before the Electoral College votes Dec. 15th, the electoral college could elect anybody they want. It would probably be
Hillary or Biden, it would not be McCain as most of the electors are Dems.

If it became known he was inelgible after he were sworn in and removed (Fat chance of our Congress doing that) Biden would become President.

I am not sure what would happen if the Supreme Court declared him inelgible after the Electoral College met but before he is sworn in.

What say you Billy Bob? I hope I got this right.


33 posted on 12/01/2008 6:28:53 AM PST by cpdiii (roughneck, oilfield trash and proud of it, geologist, pilot, pharmacist, iconoclast.)
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To: pissant
He takes the oath of office, and assuming he's aware he's not a citizen, then it's a perjured oath."

And just how many millions are making reservations even now to be in DC to be witnesses of this public perjury??? It's surreal ---

34 posted on 12/01/2008 6:28:54 AM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Diogenesis
Line 3 (Citizenship) Indonesia
Line 4 (Religion) Islam

Line 2 (Place of Birth) Honolulu

35 posted on 12/01/2008 6:28:58 AM PST by Non-Sequitur
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To: ChildOfThe60s

No, this clown will have to prove his natural born status one way or another.


36 posted on 12/01/2008 6:29:09 AM PST by pissant (THE Conservative party: www.falconparty.com)
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To: couchpotatoxxx12

No, a new election would be required. Even if we ended up with Pelosi or Hil, it is better than subverting the constitution with Osama Hussein.


37 posted on 12/01/2008 6:30:36 AM PST by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

Does anyone by chance know what Vieira’s PhD from Harvard is in?


38 posted on 12/01/2008 6:31:21 AM PST by 9YearLurker
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To: Non-Sequitur
...after when he’s caught out pose “So what are you going to do about it?”

The answer to that is obvious, he'll be removed from office and every action he took while president will be invalidated.


39 posted on 12/01/2008 6:32:12 AM PST by TonyStark
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To: Sacajaweau
One might assume that it would pass to Biden but that cannot be so and IMHO, McCain would have to be declared the winner.

Nope. Biden almost undoubtably, either directly or by vote in the House.

McCain lost. Nothing can change that, so people will just have to get over it. It's a Democratic House and Senate, and the Democrats won the election. Be it Obama or someone else, the next president will be a Democrat.

40 posted on 12/01/2008 6:32:23 AM PST by Non-Sequitur
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To: pissant
Careful pissant, it's amazing the attacks you will get here (though I'm sure you already know) for simply requesting the next President of the US prove he is Constitutionally fit.

I don't know if he is or isn't, but I and the people of this Country have a right to know.

If we don't have that right, there is nothing left to pass on to our posterity.

41 posted on 12/01/2008 6:32:30 AM PST by Las Vegas Ron (When homo's can procreate - then they can get married)
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To: jersey117
I agree that it wouldn’t be passed to Biden. His nomination would have to be rendered invalid as his candidacy was based on a lie.

What lie is that?

42 posted on 12/01/2008 6:34:07 AM PST by Non-Sequitur
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To: EQAndyBuzz
How does President Pelosi sound?

Drop the birth certificate cases - now!

43 posted on 12/01/2008 6:36:09 AM PST by CharacterCounts (1984 was supposed to be a work of fiction, not a how-to manual.)
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To: Las Vegas Ron

It’s funny how many freepers either don’t care or side with Obama in hiding his records. I guess having America’s first black president outweighs having America’s first ineligible, Marxist president in their minds.


44 posted on 12/01/2008 6:36:17 AM PST by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

I do not understand why Congress cannot get this question answered.We have frigging sheep up there.America would accept a dictator rather than stand for the truth. America for all intents and purposes is a “Paper Tiger” without leaders any lonher. We need a real Revolution.


45 posted on 12/01/2008 6:36:38 AM PST by gunnedah
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To: pissant
"[The birth certificate], in theory, should be there," said Mr. Vieira. "What if it isn't? Who knows, aside from Mr. Obama? Does Russian intelligence know it isn't there? Does Chinese intelligence know it isn't there? Does the CIA know that it isn't there? Who is in a position to blackmail this fellow?"

Yikes. Never thought of this. Scary indeed.

46 posted on 12/01/2008 6:36:47 AM PST by InterceptPoint
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To: Non-Sequitur

That he is a natural born citizen


47 posted on 12/01/2008 6:37:06 AM PST by jersey117
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To: pissant

If it occurs before the electoral college vote, the EC votes (usually on the three remaining candidates.) There might be an organized effort to get them to select Hillary.

If it occurs after the EC votes, then Congress has a go. If they do not select one, or or it decided he is ineligible before Jan 20, then the House (1 vote per state) decides the President and the Senate decides VP.

If, after Jan 20, he is ineligible, his VP takes over. There would be no new election.


48 posted on 12/01/2008 6:37:32 AM PST by Ingtar (For the first time in my adult life, I am NOT proud of America.)
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To: gunnedah

Congress? Those ball-less wonders are worthless.


49 posted on 12/01/2008 6:37:38 AM PST by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

The civil rights movement came about because blacks had a legitimate case to make that the US was not living up to the principles and the text of the Constitution, especially those clauses dealing with equal treatment under the law.

Now that they are on the verge of what should be the capstone of the civil rights struggle, a black person taking the oath of office, what does it say when 90% of the black community supports a person who gives the appearance, at least so far, of being perfectly willing to to not live up to the text of that same Constitution?

Was the civil rights struggle not about the Constitution at all?


50 posted on 12/01/2008 6:38:15 AM PST by theBuckwheat
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