Posted on 12/01/2008 8:32:59 AM PST by NonZeroSum
John McCain would become President if Obama is DQ’d by the Supreme Court prior to the EC vote since McCain had the next most Electoral College votes (it would be as though Obama never ran).
If Obama is disqualified before the electors vote, all the Dem electors could then vote for Biden or Hillary or someone else. I am sure the Democrat Party would arrange a strategy for dealing with that situation.
It may be true that some states require electors to vote for who they are pledged to, but I believe federal court has held that no electors may be constrained in that way because it would be a violation of the US Constitution.
McCain would become President if Obama is DQ’d by the SC before the EC votes. You can’t enter a ticket, have it DQ’d, and then just say “oh hey, let’s add another candidate.”
http://www.rallycongress.com/constitutional-qualification/1244
If it is apparent beyond reasonable doubt that Hussein is not a natural born citizen, then we must look to any and all legal and constitutional actions to deny him the presidency. If the constitution of the US is not worth defending against mob rule, then nothing is. If we wish to preserve the republic, than we had best let the chips fall, and then sort them out. By whatever means necessary.
We who value the constitution will not allow the moral emphasis of this argument to be inverted. All this speculation, correct or not; has come about because this lying crypto-marxist thug from the most corrupt environs of leftist Chicago sewer politics has ascended to POTUS-elect status with the willing aquiescence of the MSM. The MSM was hell-bent on concealing this usurper’s background because they wanted him to be elected. Now, in a classic case of blame the messenger, those of us who belive in the constitution are being reviled for insisting that a POTUS comply with a basic requirement that most of us unhesitatingly conform with when seeking a driver’s license.
The arrogance and effrontery of this lying bastid is breathtaking. The founders knew that they were not natural born citizens, so they had to include language in Art II Sec 1 that exempted THEM. Does this fraud think that he is better than Washington, Madison, Adams, and Jefferson in that sense? Apparently he does, and with the acquiesence of enough people, he will suceed in usurping and corrupting the Executive Branch of government. This situation presents the very real posssibility of impelling this great nation beyond a constitutional crisis toward a civil war.
Finally, consider the implications of a man who would undertake these devious machinations to knowingly assume an office that he has no constitutional claim to, and than to see this same counterfeit president elect take an oath to defend that constitution. I believe that such a man would be willing to impose ANY sort or despotism or tyranny upon us to retain power.
If that is true then we may as well find out now if that is incontrovertibly so.
McCain would become President if Obama is DQ’d by the SC before the EC votes. You can’t enter a ticket, have it DQ’d, and then just say “oh hey, let’s add another candidate.”
That’s not what the US Constitution stipulates.
“The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
...
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.”
12th Amendment
If Obama is not elected, and no one else has a majority of the electoral votes, McCain would not have a majority of the electoral votes and the election would go to the House. Probably, if Obama is disqualified before the electors vote, then the Democrats would agree to vote for Hillary or Biden (or some other Democrat) for president. There is no Constitutional requirement they vote for a candidate on the ballot of the popular election.
http://www.usconstitution.net/xconst.html
I don't believe so. The 2000 election hinged on who won Florida, and one candidate or the other was going to win it regardless. The House and Sente would have come in if both candidated had deadlocked at 269, or if a third candidate had taken one or more states so that nobody had 270 or more electoral votes.
Yes, if it goes to The House, they would only have McCain to vote on since he’s the only other candidate to receive Electoral votes. And the Reps from each State would count as 1 voting block (resulting in 1 vote per each State).
http://www.rallycongress.com/constitutional-qualification/1244
YOU " I don't believe so. The 2000 election hinged on who won Florida, and one candidate or the other was going to win it regardless. The House and Senate would have come in if both candidated had deadlocked at 269, or if a third candidate had taken one or more states so that nobody had 270 or more electoral votes."
Sorry - I did a horrible job writing this up. What I meant was that in 2000 there was a SENATE seat that potentially could have gone have been disputed in the Senate. It was B1 Bob Dornan's re-election. Dornan tried, but the Senate refused to hear it. Sanchez won with thousands of illegal immigrant votes. The R's were too weak and gutless to challenge it, even though they had the majority (I believe).
Anyway, that's what I was trying to write about, not Bush V. Gore.
I don’t see that the EC is limited to voting for only candidates who won the popular election. Where do you get that idea from?
Dornan was in the House.
The legal is what are the qualifications. The factual issue is whether the candidates meet them. For example, they have to be 35. Whether someone is 35 is a factual issue. After trial on that issue, one side might appeal on the evidence presented to determine that fact. They might say that hearsay by a kindergarten teacher was not valid evidence. That would be a legal determination.
All I am saying is that there are very few circumstances where the SC can find facts and try issues in the first instance. It normally has to find some legal error (for example, that the plaintiff really does have standing) and then send it back down for trial.
Which is it?
I think the evidence that he was born in Hawaii is pretty strong, notwithstanding the claim by some relatives to have been there when he was born. The newspaper announcement, the cost of travel to Kenya and the fact that Obama had a wife back in Kenya, all make it exceedingly unlikely that the Obamas flew to Kenya just before he was born. I don’t begrudge you if you disagree.
It was a House seat, and the House got involved because it has the authority to judge the elections, returns, and qualifications of its own members. Sanchez was declared the winner. B1 Bob wanted the vote nullified because of what was alleged to be massive vote fraud. The House voted to go with the official results and seat Sanchez.
Ah, I see where you're coming from now, fact vs. legal makes sense when you put it this way. Troubling, yes, why I'm saying that it's ridiculous that all these years and there has never been any kind of procedure set up for officially certifying that one who wishes to stand for election meets the Constitutional requirements, especially considering the violation of citizenship all over the place, not just voter registration.
Thanks for your considered reply.
Just coming back to once again let you know that I appreciate your analysis, in light of the situation out from the SC yesterday. Had you not provided the response, I would have an entirely different view of things — thanks again.
Thank you. Although I expected this result, it is disappointing nonetheless. I had to collect birth certificates for all star baseball players for years, to prove they could play in a stupid tournament. I had to give mine to get a passport, and when I got my drivers license. This guy wants to be President, and he can’t give us his? What the hell?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.