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 ...
“Rudys grandparents could be from anywhere, it would not matter as long as Rudy’s parents were born on US soil, they are US citizens. Rudys parents are US citizens by being born in this country but they are not “natural born”.
The law disagrees with you. As does the Supreme Court.”
AT SOME POINT, OUR ANCESTORS WERE ALL “NATURALIZED” ...
For example: The Founding Fathers.
They realized that they WERE not “natural born”, so they included the exemption for them in Article II, Section I, Clause 5.
However, once they were naturalized (by adoption of the Constitution), their CHILDREN would be “natural born”, if born on U.S. soil to two (2) naturalized citizens.
BTW: They included the exemption since there would have been NO ELIGIBLE “natural born” citizen until 1824 ...
“the House CANNOT vote for Biden”
If the electoral votes for Barry aren’t counted, VP Biden will become acting POTUS on January 20th, unless the House of Representatives elects someone else President. Postulating one or more faithless Democratic electors who don’t vote for Obama on December 15th, that someone else could be Hillary or Joe or ... Or the House could simply leave the office of President vacant (some claim not), in which case Joe Biden would be the acting POTUS under the clear language of the 20th amendment.
Thank you for posting this pissant.
This statement needs to be repeated to those who think it would just be too much drama to bother trying to overturn an election and this lawyer gets it. It’s not about whether it’s a bother or not, it’s about we either follow the Constitution or we don’t.
“”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.”
Hey, maybe Prop 8 loonies supporting this might be our saving grace.
And if all 365 Obama electors vote for Biden then the 12th Amendment no longer applies, does it? So the House doesn't even enter into the picture.
Yes, and the lawyers responsible are from a Chicago law firm, and the Sr. Partner just got an award from Obama.
So then if a family of four comes to America and the parents are naturalized, that the children remain aliens??? That is just "plain crazy".
U.S. law defines natural born citizen as one born in the U.S.
Then why did the Senate in Resolution 511 make it dependent upon McCain having been born of two American citizens:
"Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it Resolved, That John Sidney McCain, III, is a ‘‘natural born Citizen’’ under Article II, Section 1, of the Constitution of the United States."
It acknowledged the fact that his natural born status depended upon both parents being American citizens as well as location on American territory.
“The Supreme Court has done that before, in 1898 when it ruled that a man was a natural born U.S. citizen regardless of his parent’s nationality.”
Ah yes ... United States v. Wong Kim Ark ...
READ the decision ...
SCOTUS ruled that he was a “citizen” - NOT “natural born citizen” and it was ENTIRELY correct, per interpretation of the 14th Amendment.
YOU are interpreting that to mean “natural born citizen” ...
As far as my SPECIFIC interpretation, yes ... it is my opinion, STRONGLY supported by Blackstone and Vatel - whom the Founding Fathers relied upoun heavily when formulating law.
BTW: Under your interpretation, a child of Hitler during WWII, born on U.S. soil would be a “natural born” citizen ... that is NOT the case - look it up ...
bingo right asnwer.
“The EC voters would have to INITIALLY vote for Biden to keep it out of the House ... which (theoretically) they COULD do.
And if all 365 Obama electors vote for Biden then the 12th Amendment no longer applies, does it? So the House doesn’t even enter into the picture.”
Correct - the House component of the 12th Amendment would NOT be triggered.
That is, assuming SCOTUS determined that the original 365 electors voting the POTUS question could remain in place ...
BUT - SCOTUS MIGHT decide that some, if not all of the 365 electors were selected on the basis of Obama being on the ballot.
If they DQ’d Obama, what do they do about the electors that were selected on the basis of Obama ... WHO KNOWS - its the $64 K question.
If they DQ’d Obama’s 365 electors, I suspect the House would then come into play ...
Under Italian law, if any of Rudy's grandparents had children in America before they renounced their Italian citizenship and became American citizens, Italian citizenship passed to their children and to Rudy, unless any of them walked into an Italian consulate and renounced it.
I'm in the same boat, but another generation removed. Both of my parents were born here. All four of my grandparents were born here, but one grandfather was born before his father renounced his Italian citizenship. Under Italian law, I am a Italian citizen. If I hassle with a bunch of paperwork to prove that line of descent, I can get an Italian passport. Am I a "natural born citizen" of the US?
If Barry Soetoro does not qualify after the Electoral College meets, then Joe Biden becomes Acting President — that much is clear from the 20th Amendment.
How, then, does a potential president qualify? By vote of the House of Representatives? The next election? At that point, Biden would revert to his proper role as Vice-President, but how do you get there?
The more I think about it, the angrier I get at Mr. Soetoro.
I think that's why he's been rushing to create the fictional "Office of the President-elect," as well as naming his teams and making a public show during a time traditionally reserved for silence until assuming office.
He's muddying the waters even now.
Oh he knows... and we know. Clue: They did a sloppy job scrubbing his entrance and exit passport info... from ‘all’ the passports.
Sometimes, things aren’t what they seem:
http://www.usatoday.com/news/politics/election2008/2008-03-21-rice-breach_N.htm
People have short memories. Even when the MSM doesn’t tell you... it tells you. Small example:
http://www.cnn.com/2008/POLITICS/03/22/passport.files/index.html
What a coincidence. Soak the whole piece in. Nothing to see here.
When this was discovered... all of a sudden Hill’s and McCain’s were ‘accessed also’ (distraction). Let’s just say the original stories (which I have, before alterations and scrubbing), backtracked down over time to ‘they couldn’t access just view’, blah, blah. Gee, no one was fired really? Move along. Someone doing their job caught them.
You see... they weren’t digging for info, just the opposite.
But as any IT professional that scrubs banking drives will tell you, you can’t wipe everything if you don’t use the best, and you may have reasons not to. Plus, when you deal with questionable individuals and have lived in corrupt countries, everything has a price. Maybe the globalists/state dept. forgot the people know that as well.
Thank goodness for caches, flash drives and friends in low places. But nevermind... just our crazy, conspiratorial imaginations. Tin foil hat off/
It is my understanding that you are a natural born citizen because your parents were bone here and you in turn were born here. :)
AliVeritas,
When you advised “soak the whole piece in” I went to the link and spotted something else - see below in quotes:
“The department official said the three contract employees worked in three offices in the Washington area. One office does consular work and visas on evenings, holidays, weekends and overnights; another office issues passports; the third office scans and files materials.”
So look, you have three different passports being looked at by three different contractors in three different offices - one of those offices does CONSULAR AFFAIRS work and VISAs...they deal expressly with non-US Citizens.
If all three, Obomination, Hitlery and McLame, are US Citizens, what business does someone at Consular Affairs have looking at US Passport data? The third office, dealing in scanning and filing materials probably deals with both, but pure conjecture on my part.
Most will say as the MSM has: three contractors in three offices with access to files were simply CURIOUS, but I drop the BS Flag on that. The Consular Affairs office is the odd man out here (Foreign Passport????).
“...if he were declared inelgible before the Electoral College votes Dec. 15th, the electoral college could elect anybody they want...”
If Zero is an illegal candidate, then the electoral college electors selected because of the votes he got would be elected illegally and their votes in the electoral college would not count...IMHO
Look up Horace Greeley, candidate for President, and what happened to and with his Electors when he died before the College met.
Congressman Billybob
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