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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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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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