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What If He Can't Be President?
Transterrestrial Musings ^ | December 1st, 2008 | Rand Simberg

Posted on 12/01/2008 8:32:59 AM PST by NonZeroSum

I’m pretty sure that I’ve never mentioned the birth certificate issue up until this point, even in the heat of the campaign.

I have to confess that I have no idea what to make of the fact that, despite all of the lawsuits (most of which were thrown out due to lack of standing, which in turn makes one wonder, if a US citizen has no standing to challenge whether or not a presidential candidate is eligible to be president, who does?), the Obama campaign could easily put this to rest by simply unsealing the birth certificate, which (coincidentally with his trip to Hawaii to see his dying grandmother) became explicitly unavailable to the public by order of the (Republican) governor’s office. Instead, it has spent thousands in legal fees fighting efforts to force it to present a valid original certificate of birth.

But let’s ignore that for now. Let’s be purely hypothetical. Suppose, just for the sake of discussion, it does turn out in fact that Senator Obama has been less than forthright about his past (something that would be hardly unprecedented) and turns out to not be constitutionally eligible for the office, due to (say) having been born in Kenya to ineligible parents. I think that, assuming that we actually follow the Constitution (sadly, a novel concept these days), and he thereby does not become the next president, there will be (among other things) massive race riots. But here’s the interesting question: who becomes the next president in his stead...?

Read the rest at Transterrestrial Musings.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: birthcertificate; certifigate; electoral; kenya; obama; succession
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Some interesting speculation, including the possibility that a Republican could be the next president.
1 posted on 12/01/2008 8:33:00 AM PST by NonZeroSum
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To: NonZeroSum
THE AUDACITY OF TRUTH ABOUT BARACK HUSSEIN OBAMA'S UPBRINGING
2 posted on 12/01/2008 8:33:28 AM PST by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: NonZeroSum

Re: Race Riots

Bring it on - let them show themselves and the hate they’ve had cultivated in them by the race mongers for decades.


3 posted on 12/01/2008 8:35:29 AM PST by MrB (The 0bamanation: Marxism, Infanticide, Appeasement, Depression, Thuggery, and Censorship)
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To: NonZeroSum

who becomes the next president in his stead...?

Joe Biden.............


4 posted on 12/01/2008 8:37:35 AM PST by Red Badger (Never has a man risen so far, so fast and is expected to do so much, for so many, with so little...)
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To: NonZeroSum

“....assuming that we actually follow the Constitution...”

#####

That is where this is going to break down.

“We” may see this as an unquestionable requirement, but “they”, being the existing governmental officials on both sides of the aisle, just seem to want to ignore this issue.

I fear there is great momentum to just let this fade away....


5 posted on 12/01/2008 8:37:57 AM PST by EyeGuy
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To: NonZeroSum

It is interesting and I don’t know if anyone really knows what would happen.

One thing for sure, if he is sworn in, and it is shown that he is not a citizen and they don’t do anything about it.....you may as well throw the Constitution out the door. The reason I say this is because if they don’t enforce the Contsitution on this issue, the rest is meaningless.


6 posted on 12/01/2008 8:38:48 AM PST by RC2 (Where is Obama's Birth Certifacte?)
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To: MrB

” let them show themselves and the hate they’ve had cultivated in them by the race mongers for decades.”

#####

They ALREADY provide palpable demonstrations of this ‘tude daily.


7 posted on 12/01/2008 8:39:30 AM PST by EyeGuy
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To: NonZeroSum

BO was chosen by the people blah, blah, blah...Constitution doesn’t play into it for dems. They don’t want anything to do with the Constitution to begin with, so this is a good start!


8 posted on 12/01/2008 8:40:16 AM PST by albie
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To: NonZeroSum

I’m sick of the fear-mongering in articles such as this. “What if there are race riots?” Under that logic, slavery should still be allowed, because it wasn’t abolished without a war!

The law is the law. If there are issues regarding Obama’s birth and lter Indonesian upbringing, find the facts and deal with it. These writers need to get a grip.


9 posted on 12/01/2008 8:40:42 AM PST by cvq3842
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To: All
What if he can't be president? Wouldn't that be WONDERFUL!!
Photobucket - Video and Image Hosting

Photobucket - Video and Image Hosting


10 posted on 12/01/2008 8:41:22 AM PST by patriot08
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To: NonZeroSum

11 posted on 12/01/2008 8:42:02 AM PST by sionnsar (Iran Azadi|5yst3m 0wn3d-it's N0t Y0ur5 (SONY)|http://trad-anglican.faithweb.com/|RCongressIn2Years)
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To: MrB

Yes, let the jerks go back to hating America again. they will have shown their hate only receded when they thought they got their way with the manchurian candidate of color.


12 posted on 12/01/2008 8:43:12 AM PST by Canedawg (The media is a ass, a idiot.," said Mr. Bumble.)
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To: MrB
Obama's birth certificate will not be an issue no matter which judge says what. Everybody is in the tank for 'the new tone' and no one wants to start a war just to appease the right wing fringe kooks on free republic ( of which we are all a charter members...)

There are enough lawyers and politicians standing to gain from the Obama presidencey that no one group can oppose them.

Obama's birth cert is a red herring - a waster of time.

13 posted on 12/01/2008 8:43:16 AM PST by x_plus_one (Muhammed and Allah = 2 memes destined for the ashheap of history.....)
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To: NonZeroSum
I have been told the House verifies eligibility of the candidates, after which the electors vote among qualified candidates.

Would the House have the nerve to rule Obama out of the running? I don't think so.

I think SCOTUS will not rule on eligibility, but will clarify the procedure.

14 posted on 12/01/2008 8:45:34 AM PST by Marylander (What next?)
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To: cvq3842

Did you read the whole thing? There was no “fear mongering.” Just a description of reality.


15 posted on 12/01/2008 8:46:34 AM PST by NonZeroSum
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To: NonZeroSum
Congress will pass new legislation making an exception. After all the voice and will of the people was determined by the election.

Hopefully not. What if they do?

16 posted on 12/01/2008 8:47:56 AM PST by geologist (The only answer to the troubles of this life is Jesus. A decision we all must make.)
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To: x_plus_one

Speaking the truth is never a waste of time.

I suppose we could have all just shut up about Whitewater and Travelgate and Monica and Vince Foster and Ron Brown and the rest of it, but if we had, clinton would have been given the license to damage our country a lot more than he succeeded in doing.

No, we didn’t manage to impeach him, but we did at least manage to impede him.


17 posted on 12/01/2008 8:48:05 AM PST by Cicero (Marcus Tullius)
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To: Marylander

Nobody is gonna do nuttin.


18 posted on 12/01/2008 8:49:31 AM PST by boxer21
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To: Marylander
I have been told the House verifies eligibility of the candidates, after which the electors vote among qualified candidates.

I think you've been told wrong. The Senate certifies the results of the Electoral College. At that time challenges can be made if one Senator and one Congressman sign on to it. But verifying eligibility of the candidates is not part of the process, and neither the House nor the Senate are specifically tasked with certifying the eligibility of the candidates before, after, or during the election.

19 posted on 12/01/2008 8:49:34 AM PST by Non-Sequitur
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To: NonZeroSum

I’m guessing the dim electors would choose the HildaBeast.


20 posted on 12/01/2008 8:50:50 AM PST by The Sons of Liberty (Sworn to Defend The Constitution Against All Enemies, Foreign and Domestic!)
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To: NonZeroSum

No, I actually didn’t read it all. I suppose I was reacting to the spate of posts saying “it’s too late,” etc.

Thanks for setting me straight.


21 posted on 12/01/2008 8:53:02 AM PST by cvq3842
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To: Non-Sequitur

Thanks


22 posted on 12/01/2008 8:54:59 AM PST by Marylander (What next?)
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To: NonZeroSum

Amendment 20 Section 3 http://www.usconstitution.net/xconst_Am20.html ....... from my reading,it doesn’t say what happens if he is found to have “failed to qualify” before the Electoral College meets,there is no President elect until after they vote.


23 posted on 12/01/2008 8:55:02 AM PST by shooter223 (the government should fear the citizens......not the other way around)
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To: geologist
Congress will pass new legislation making an exception. After all the voice and will of the people was determined by the election.

Hopefully not. What if they do?

They can't. At least they can't pass one that would pass the Supreme Court. The only solution is a Constitutional Amendment, which would require two thirds of the states to go along.

24 posted on 12/01/2008 8:57:06 AM PST by NonZeroSum
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To: Cicero
No, we didn’t manage to impeach him, but we did at least manage to impede him.

Clinton was impeached by the U.S. House of Representatives.

25 posted on 12/01/2008 8:57:27 AM PST by rogue yam
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To: Cicero
No, we didn’t manage to impeach him, but we did at least manage to impede him.

Clinton was impeached. They just didn't finish the job by throwing him out of office. To be impeached means that he was brought up on charges before the Senate. The Senate then votes whether to keep him or throw him out. There has even been speculation that Nixon was impeached. But since they never brought it up for a vote, Nixon wasn't impeached.

26 posted on 12/01/2008 8:58:44 AM PST by notpoliticallycorewrecked (According to the MSM, I'm a fringe sitting, pajama wearing Freeper)
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To: Cicero
No, we didn’t manage to impeach him...

He was impeached.

27 posted on 12/01/2008 8:58:45 AM PST by NonZeroSum
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To: NonZeroSum

I don’t see biden taking over when he would have been nominated by an imposter.


28 posted on 12/01/2008 9:02:45 AM PST by yorkie01
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To: NonZeroSum
The reality:

1. Obama's electors will still vote for Obama, even if he is ineligible.

2. The Senators will still certify the elction for Obama, eventhough he is ineligible.

3. The US Supreme Court will not hear the case.

29 posted on 12/01/2008 9:08:47 AM PST by Always Right (Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
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To: RC2
...if they don’t enforce the Contsitution on this issue, the rest is meaningless.

That's right.

Why should the people of New London, CT, voluntarily give up their homes because the Article III Supreme Court said that the Fifth Amendment now said something else about public use takings, when the Article II natural-born clause is so willfully ignored by the Article I legislature?

-PJ

30 posted on 12/01/2008 9:09:40 AM PST by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
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To: yorkie01

I assumed Biden by default but you raise an interesting point: if he is a fraud, is everything he has done `ultra vires’ and subject to being set aside?
http://encarta.msn.com/encyclopedia_762507331/Ultra_Vires.html


31 posted on 12/01/2008 9:09:52 AM PST by tumblindice (A Republic, as long as you can keep it.)
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To: Red Badger
"who becomes the next president in his stead...?

According to the constitution it would be who ever got the 2nd most electoral votes.....John McCain.

32 posted on 12/01/2008 9:17:40 AM PST by Natural Law
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To: yorkie01

“I don’t see biden taking over when he would have been nominated by an imposter.”

Biden was nominated by the Democratic convention, and will be elected VP by the duly chosen electors on December 15th. Since there is no exception in the constitution barring a plagiarist from serving as POTUS, it seems that barring some electoral surprise, Joe Biden be our constitutionally elected leader. Pray for President Biden and the USA.


33 posted on 12/01/2008 9:17:41 AM PST by devere
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To: NonZeroSum

I wouldn’t think it would be a republican, I would think one of two things would happen, being inelegable VP-elect would be sworn in, or 3rd in line becomes pres until special election is held.


34 posted on 12/01/2008 9:22:03 AM PST by HamiltonJay
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To: NonZeroSum
Assuming they can't is based on honoring our Constitution ... have you noticed the changes that have been made that are contrary to the Constitution?

It looks like the intent is to take over everything. Perhaps bit by bit. Witness the recent bail out passed over/against the millions of Americans deluging them with NO ... do not pass this bail out.

The LAW only works for those that are law abiding ... when they begin to throw it aside ... then what?

I know this” can't happen ... this is America”.

Time will tell; and by then it is to late.

Well I have seen lots of things happen here that are not supposed to be. Think about it. You know about them too.

35 posted on 12/01/2008 9:25:12 AM PST by geologist (The only answer to the troubles of this life is Jesus. A decision we all must make.)
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To: HamiltonJay

U.S. Constitution 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 elect 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.”


36 posted on 12/01/2008 9:25:47 AM PST by devere
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To: Jeff Head

37 posted on 12/01/2008 9:27:16 AM PST by Mojave (http://barackobamajokes.googlepages.com/obama_funny)
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To: NonZeroSum

What If He Can’t Be President?


There are rules etc in place to take care of a situation where he can’t be President.

However I’m more concerned with ‘What if he can be President’?. For in that position he’ll be in a position to do much be it good or bad. And there isn’t in Congress a large enough contengent to stop him.


38 posted on 12/01/2008 9:30:12 AM PST by deport (.....................May your Friday shopping be a pleasure..................)
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To: Mojave

Nope...the BHO birth certificates ar emuch more rare than the Rolex knock-offs, and they only have them in a locked container in the trunk of the car.


39 posted on 12/01/2008 9:32:05 AM PST by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: NonZeroSum

How could Biden be eligible? His eligibility is based on being selected by Obama. If Obama isn’t eligible then his pick for a VP is void also. That throws the candidacy back to Hillary, and she hasn’t picked a VP running mate.


40 posted on 12/01/2008 9:37:15 AM PST by BuffaloJack
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To: x_plus_one
Pure speculation on my part....but I think that there's nothing illegal on the BC, just something he really, really, doesn't want revealed.

Assuming that FR pundits are right and he was born overseas, I think that he's narcissistic enough to say "So what? Come take the presidency!". And all of the followers would say "So what! It's just the Constitution.". And nothing would happen, IMHO. (note, I didn't say I agreed with it....just being pragmatic).

No, I think that there's something on that BC that's personally damaging. I've read speculatation that, since his mother travelled to Cuba in 1960, that Obama's Dad is actually Cuban. Hard to be the "First Black President" when you're not black.

Besides, "Obama might have been born in Kenya, but the laws in HI are a little different, so he was able to declare himself a citizen for up to a year after his birth, unless he was naturalized when he was adopted by his Idonesian Father." won't play well with the American public because, frankly, it requires thought.

"Obama is not Black, he's Cuban." would play in the MSM because it's concise and uses short words the public can understand.

41 posted on 12/01/2008 9:38:17 AM PST by wbill
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To: devere

I think that’s only if a sitting President croaks.


42 posted on 12/01/2008 9:38:19 AM PST by Cyber Liberty (Pretending the Admin Moderator doesn't exist will result in suspension.)
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To: devere

Well that means then that Biden is president “until a president is qualified” which would imply a special election to me.


43 posted on 12/01/2008 9:40:39 AM PST by HamiltonJay
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To: BuffaloJack

“How could Biden be eligible? His eligibility is based on being selected by Obama. If Obama isn’t eligible then his pick for a VP is void also.”

No, Biden was nominated by the Democratic Party and will be elected on December 15th by the duly chosen electors of the 50 states plus DC. The fact that the Democratic Party nominated Biden on the advice of an imposter is legally irrelevent. Barring some big surprise, Joe’s our new legally-elected leader!


44 posted on 12/01/2008 9:44:19 AM PST by devere
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To: HamiltonJay

“which would imply a special election to me.”

Not in this country. Are you from France?


45 posted on 12/01/2008 9:45:00 AM PST by devere
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To: Red Badger

I don’t understand why it would be Biden, he would not even be VP since if it works out that Obama cannot be President then Biden would be just along for the unconstitional ride.
I have no idea actually haha but it is just what I was thinking.


46 posted on 12/01/2008 9:53:25 AM PST by Katarina
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To: devere

Well the congress is not going to QUALIFY McCain folks, you really think Pelosi and Reid are going to qualify McCain? You are dillusional.


47 posted on 12/01/2008 9:55:18 AM PST by HamiltonJay
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To: Natural Law
According to the constitution it would be who ever got the 2nd most electoral votes.....John McCain.

Better take another look. The 12th amendment changed the basic process. Yes the second most vote getter used to become the VP, but each elector got two votes.

Now they get one vote for President, and one for VP. The one who gets the most votes for each office individually, gets the office, if they get a majority. If they do not get a majority, then the House of Representatives decides, but they get one vote per state, not one per Representative. If there are no "faithless" electors, only Obama and McCain will have votes. If Obama were found ineligible, that would leave McCain, and the House is restricted to picking among people who actually got votes, actually only the top 3. However I expect at least one "faithless" Dem elector will vote for someone other than Obama, "just in case". There is no federal law against it, and about half the states do not prohibit it either, so finding someone willing to do that should not be a problem. If that happens, then the House could pick that person, even though they only got 1 vote, rather than McCain who got well over 100 votes.

That's if the DQ comes after the electors vote. If before, I would think most of the electors would vote for whomever the Democrat Party designates as their candidate. At least in California, that's what the pledged electors are required to do, vote for the candidate of the Party they were elected to vote for, not the individual. Each state is different, but most seem to have "outs" for candidates who die or become unable to take office after the selection of the electors ( Nov. 4 for this election).

48 posted on 12/01/2008 9:55:28 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: wbill

“just something he really, really, doesn’t want revealed.”

I’d bet good money that Barry’s original Hawaii birth certificate is a report by a citizen of Hawaii of a birth in a foreign country, namely Kenya. Like the Nixon White House tapes, Barry’s birth certificate must never see the light of day, or he will lose the support of Congress to continue in office.


49 posted on 12/01/2008 9:56:42 AM PST by devere
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To: devere
Biden was nominated by the Democratic convention, and will be elected VP by the duly chosen electors on December 15th. Since there is no exception in the constitution barring a plagiarist from serving as POTUS, it seems that barring some electoral surprise, Joe Biden be our constitutionally elected leader. Pray for President Biden and the USA.

Biden was elected, or has the electoral votes, to become VP not President. Only if Obama died would he become President, unless the electors decide to vote for him, and then for someone else for VP. He's not a big enough fish for that to happen, IMHO. More likely he'd end up as someone else's VP. Maybe Her Thighness, Maybe The Screamer.

50 posted on 12/01/2008 9:58:40 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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