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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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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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To: Ingtar

Nope. Not for a fraudulent election. VP would get the position if he dies or if some other circumstances sidelined him. Having a fraud on the ticket invalidates the ticket.


51 posted on 12/01/2008 6:38:53 AM PST by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

Philly has at least one objective newspaper left. Good artcile on the ramifications of undoing a Presidency if illegitimately in office.


52 posted on 12/01/2008 6:39:36 AM PST by SueRae
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To: pissant
Here are very good quotes:

Further, Mr. Vieira cited a fraud ruling in a 1977 case called U.S. v. Prudden, which he feels applies in this case.

"Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading," the ruling reads. "We cannot condone this shocking conduct ... If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately."

Mr. Vieira said such an ethical question of representing a client who refused to produce such a basic document is important, even in a small civil case. The current question is concerning the man who potentially could have his finger next to the nuclear button.

53 posted on 12/01/2008 6:39:58 AM PST by RGPII
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To: AU72
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.

Bingo!

The MSM hasn't thought about that....yet. But then thinking is not something that is practiced by journalists. When the whole Obama background (all of it, not just the B.C.) gets exposed to daylight their true colors will be revealed.

I don't think they will be able to keep the lid on it too much longer and once those genies get out of their bottles there will be hell to pay.

54 posted on 12/01/2008 6:41:08 AM PST by capt. norm (Never underestimate the power of very stupid people in large groups.)
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To: pissant

I really want to believe......will the SCOTUS really stop this guy or are they too under the “Messy-ah’s” spell???


55 posted on 12/01/2008 6:42:04 AM PST by Obushma (Obama=Bush 3rd Term!)
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To: Obushma
will the SCOTUS really stop this guy or are they too under the “Messy-ah’s” spell???

I'll bet Clarence Thomas will be on board to stop him.

56 posted on 12/01/2008 6:42:59 AM PST by jersey117
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To: couchpotatoxxx12

No we don’t lose either way. Upholding the Constitution by keeping an uneligible non citizen from assuming the Presidency would be achieved. Unfortunately since the null and void of the election results would send our nation into uncharted Constitutional territory, it could take months for the courts to find remedy. In the mean time, I would think the current sitting President and his cabinet would have to remain until continuity of succession is established. A revote would be in order. But one would assume Democrats would fight the revote.

Better hunker down. Political uncertainty would further diminish confidence in the economy. Worst case we could see anarchy.

Unfortunately that same scenario I just mentioned could allow exceptions in the Constitution in the name of “saving America”. HOWEVER....Opening the door to an unconstitutional Obama Presidency has to be stopped. Two wrongs don’t make it right.


57 posted on 12/01/2008 6:43:13 AM PST by o_zarkman44 (Since when is paying more, but getting less, considered Patriotic?)
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To: 9YearLurker

IIRC, his doctorate is in chemistry. He is also a grad of Harvard Law.


58 posted on 12/01/2008 6:43:45 AM PST by SonOfDarkSkies
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To: pissant
Check this out. It seems someone's been trying to work in a change to the "Natural-born" requirement. Someone mentioned that Obama was elected 4 years too soon, and that behind the scenes work was being done to ensure he'd be eligible by 2012. Wouldn't suprise me.

Free Republic thread 2139758

and

Free Republic thread 2139803

Two prior threads with the same topic of amending the Constitution to allow other than Natural-born.

59 posted on 12/01/2008 6:44:24 AM PST by IYAS9YAS (Ever notice that Obama supporters chant "O-Bahm-AH" while McCain/Palin supporters chant "U-S-A".)
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To: pissant

I think two other documents should be subpoened - his applications to Columbia and Harvard. I graduated from Columbia College and Harvard Business School and both schools had detailed requirements about birth dates, places and citizenship. I will bet pretty heavily that, given the fact he was a very poor student in Hawaii, he gained admission under some program for foreigners. that is how his father gained admission to Harvard.


60 posted on 12/01/2008 6:45:26 AM PST by MarkT
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