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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
No, a new election would be required.

Nothing in the Constitution supports that. If Obama is found to be ineligible then the 20th Amendment provides the means to replace him.

61 posted on 12/01/2008 6:45:43 AM PST by Non-Sequitur
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To: SonOfDarkSkies

I was guessing government, in some sort of joint degree between the Law and the K Schools. Chemistry would be quite impressive indeed.


62 posted on 12/01/2008 6:46:33 AM PST by 9YearLurker
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To: AU72

If the SCOTUS skips the review we will never know the truth.
Unfortunately politicians base their campaigns all too often on lies. We don’t like it. But we can’t seem to make them accountable.


63 posted on 12/01/2008 6:46:50 AM PST by o_zarkman44 (Since when is paying more, but getting less, considered Patriotic?)
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To: pissant

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.”

from:

http://www.thebulletin.us/site/news.cfm?newsid=20210273


64 posted on 12/01/2008 6:47:29 AM PST by theBuckwheat
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To: pissant

The actual election is the Electoral College. We have had one candidate die before they voted and they still voted for president. It would be the right thing to do to have a new election, but that is not the Constitutional option. That remedy is for the EC/Congress to fix it before January 20 and succession to fix it after.


65 posted on 12/01/2008 6:47:49 AM PST by Ingtar (For the first time in my adult life, I am NOT proud of America.)
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To: pissant

maximum chaos bump....


66 posted on 12/01/2008 6:48:37 AM PST by B.O. Plenty (I am not ....him!)
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To: jersey117
That he is a natural born citizen

Biden is a natural born citizen. His candidacy isn't based on any lie - at least none which cover up Constitutional violations. If Obama is found to be ineligible then Biden will almost surely take his place.

67 posted on 12/01/2008 6:48:39 AM PST by Non-Sequitur
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To: G.Mason

11th Civil War? Dang, been asleep too long. That Turkey musta really done a number on me...


68 posted on 12/01/2008 6:49:08 AM PST by Hatteras
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To: Ingtar

Yes, dying and fraud are two different things.


69 posted on 12/01/2008 6:50:29 AM PST by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

Shame on Barry Soetoro, aka Barack H. Obama, for knowingly putting the country through this.

DOes anyone think that he DOESN’T know he is not eligible.

He even said as much to Keyes during a discussion of where he was born. His response was, what difference does it make, I’m not running for president. That was in 2004.

Well, now he is. He did this to us.


70 posted on 12/01/2008 6:50:43 AM PST by i_dont_chat
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To: pissant
It’s funny how many freepers either don’t care....

I dunno...probably a mixture of cynicism and the loss of faith in our laws actually being upheld by politicians and the courts which I can certainly sympathize with, and problbly a few trolls too.

But like I posted earlier, if this isn't settled one way or another, there really is nothing left, anything goes from now on

71 posted on 12/01/2008 6:51:02 AM PST by Las Vegas Ron (When homo's can procreate - then they can get married)
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To: pissant

20th Amendment
Section 3.

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.


72 posted on 12/01/2008 6:52:08 AM PST by panaxanax ("Those who beat their swords into plowshares will plow for those that don't." T.Jefferson)
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To: uncbob

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

And today when they announce her choice as his SOS she should say she “gladly accepts his offer......pending his proof of eligibility to take the oath of office of POTUS”.


73 posted on 12/01/2008 6:53:06 AM PST by Obushma (Obama=Bush 3rd Term!)
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To: Non-Sequitur

I meant that if Obama’s candicacy is based on a lie and Obama is not a natural born citizen, how can the running mate that he selected be legitimate if the candidate himself isn’t?


74 posted on 12/01/2008 6:53:07 AM PST by jersey117
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To: i_dont_chat
He even said as much to Keyes during a discussion of where he was born. His response was, what difference does it make, I’m not running for president. That was in 2004.

Holy Cow! I wonder if that statement was captured on Youtube?

75 posted on 12/01/2008 6:54:46 AM PST by SonOfDarkSkies
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To: pissant

A bunch of these posers voted for the muzzie... of this I am convinced.

LLS


76 posted on 12/01/2008 6:55:38 AM PST by LibLieSlayer (GOD, Country, Family... except when it comes to dims! I am an UMA-unity my a$$)
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To: jersey117
I'll bet Clarence Thomas will be on board to stop him.

I'd bet so too. I'd also bet Obama intentially dissed Thomas so that he can claim it's a now a personal vendetta, and will ask to have him recused.

77 posted on 12/01/2008 6:55:56 AM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: pissant

Doesn’t Obama have a court order due today to produce his documentation?


78 posted on 12/01/2008 6:57:30 AM PST by cookcounty ("A ship in harbor is safe, but that's not why the ship is built." ---Governor Sarah Palin)
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To: ChildOfThe60s

I believe you are correct.

Chicago, 1968; Big Dick Daley was running the show.
Obama, 2008. Little Dick Daley is pulling the strings.

Thugocracy!


79 posted on 12/01/2008 6:57:37 AM PST by Cletus.D.Yokel (Chicago Politics Comes to Washington: No Holds Barred!)
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To: Sacajaweau

Amendment 20 Section 3 http://caselaw.lp.findlaw.com/data/constitution/amendment20/


80 posted on 12/01/2008 6:58:03 AM PST by shooter223 (the government should fear the citizens......not the other way around)
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