Skip to comments.Obama Fomenting A Constitutional Crisis: Constitutional Lawyer Discusses Ramifications
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 ...
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?”
One might assume that it would pass to Biden but that cannot be so and IMHO, McCain would have to be declared the winner.
Line 3 (Citizenship) Indonesia
Line 4 (Religion) Islam
“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.
Should the zero become ineligible to be POTUS "one might assume" that there will be CW-ll.
Pass the ammo
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.
Fine by me, if that’s what the libtards want.
The Supreme Court Justices’ devotion to the Constitution will be severely tested soon.
I already knew that and I don't hold even one degree from Harvard.
And Alaska may yet lose a Governor!!!
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.
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.
Is this BC lie being exposed the reason BO is getting an eye twitch?
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
One of these days this rubber check zero has written the American people must clear the bank.
Who do we get then? Biden? Pelosi? Hillary? We lose either way.
That’s what they want & that’s what they’ll get.
IMHO, Obama will someday be called "The Illegitimate President".
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.
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.
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 .
Just because one party’s candidate is invalidated doesn’t invalidate the whole election. The president would be chosen from the remaining candidates.
What is line 2? Looks like it says Honolulu?
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.
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.
The answer to that is obvious, he'll be removed from office and every action he took while president will be invalidated.
President Flim Flam.
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.
And just how many millions are making reservations even now to be in DC to be witnesses of this public perjury??? It's surreal ---
Line 2 (Place of Birth) Honolulu
No, this clown will have to prove his natural born status one way or another.
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.
Does anyone by chance know what Vieira’s PhD from Harvard is in?
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.
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.
What lie is that?
Drop the birth certificate cases - now!
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.
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.
Yikes. Never thought of this. Scary indeed.
That he is a natural born citizen
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.
Congress? Those ball-less wonders are worthless.
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?