Posted on 08/04/2009 3:21:40 AM PDT by Zakeet
Despite a congressional resolution affirming President Obama's U.S. birth and a reaffirmation of his birth certificate's authenticity from Hawaiian officials, media outlets continue to air frivolous allegations that the president was born in Kenya, rendering him ineligible for the presidency. Let's pretend, for just a moment, that the birthers had credible evidence that Obama was foreign-born. Then what would happen?
Resignation, impeachment, or nothing. If Obama stood his ground, and Congress stood by him, then the only way to legally remove him from office would be for someone to sue. Problem is, no one would have standing to bring such a lawsuit. To establish standing, a plaintiff must show that he has suffered an injury personal to him, that the defendant caused the injury, and that the court could provide a remedy. That turns out to be an impossible task.
Average citizens could not show a personalized injury because Obama's allegedly illegitimate presidency would impact everyone in roughly the same way. Courts invariably dismiss such claims, like the 1937 case alleging that Justice Hugo Black was ineligible to serve because as a member of Congress he had voted to increase the justices' salaries. Even membership in much smaller aggrieved groups generally doesn't work. The Supreme Court rejected a suit brought by parents of African-American children challenging the IRS's lax enforcement of anti-discrimination laws and another by legislators who claimed their voting rights were diluted by the line-item veto. In both cases, the communal nature of the injury precluded standing. Thus the lawsuit of Army Maj. Stefan Cook, who argued that his pending deployment to Afghanistan by an illegitimate president constituted a particularized injury, was doomed to failure. (The case was mooted when the Pentagon canceled his deployment.)
(Excerpt) Read more at slate.com ...
LLS
There were a few of those, but the Nickles proposal was of an entirely different character.
S. 2128 - define natural born citizen (Feb 25, 2004)
Sponsored by Don Nickles of Oklahoma, co-sponsored by Senators Inhofe of Oklahoma and Landrieu of Louisiana
The purpose of this bill is to define the term "natural born Citizen" as used in Article II of the Constitution to include any person born in the United States, any person born outside the United States to citizen parents, and any foreign-born child adopted by citizen parents.
Congressional Record, Page S1597, Feb 25, 2004
The Military can do it... just like the Russians did.
LLS
Their discretion is not unlimited there. E.g., they can not calim that all people born in the world are natural born US citizens.
There are sound arguments that people born on US soil of illegals are not natural born citizens; and that children born on US soil and having dual citizenship are not natural born US citizens.
For the "legality" (not constitutionality for presidential eligibility purposes), also because of (and based ENTIRELY on) the Wong Kim Ark decision of 1898 or thereabouts.
I would think that Alan Keyes has standing. He ran for president and was defeated by Obama. (neat thing is no one could throw in the race card on him)
Saying you cannot impeach an illegitimate President is like saying you cannot fire someone who lied on their resume.
Neither were qualified for the job, yet the remedy for getting rid of them is the same as if they were qualified.
Now we know why there is a Second Amendment. Every action through the courts has been met with dismissal.
But, so far, no one is telling an armed mob that they won't get their way.
And, once they do, Obama can go the way of his buddy Zelaya!!
I'm sure they didn't.
And on 2nd amendment issues, we have all three branches working together in cahoots, against the people's RKBA.
Simple. He pretends to be the president, we pretend to impeach him.
Then we show him the REAL tar, the REAL feathers, and the REAL railroad tie that he'll be ridden out of town on!!
And there’s nothing in the Constitution about “running mates” President and Vice-President are entirely separate offices.
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So what legal status does that leave Biden in ???
Is he a legitimate VP ???
Could he legally step into the POTUS office ???
I have nothing against Biden in this instance...
He may not really know the truth...
If he is not a conspirator, he may be so upset by the mess that the country in inb due to a fraudulent POTUS, he may be a lamje duck leader if not exactly good...
Hopefully he would get a patriotic backbone and attempt to undo the evil that Obama has done...
If he is legally the POTUS in waiting..we would be stuck with him until 2012...
Unless he did the decent thing and resigned...
and then there is Nancy...
Yes. That would be best for all of us.
As patriots who love this country, we might have to forgo the satisfaction of throwing the bum out and settle for disgracing him.
Not to put too fine a point on it, but, if we have an usurper in the office, we do not have a President. Therefore, just how do you impeach a person sitting in the office who is not a President when only the President can be impeached?
No that’s a plan I can go with!
That would explain one of his attorneys' "defensive objections": that release of his real BC would result in "embarrassment". (Actually it would prove the guy -- and his books -- to be total fabrication...)
Damn us all for being in this mess, and damn the Chief Justice that swore him in (twice!) without resolving this issue. Damn the Congress that made no effort to verify and yet whose members have made far more effort to deride those who seek only the truth and demand that those in office hold it and wield its powers legitimately.
Damn the Electoral College for not investigating, and damn the many judges who have refused any hearing on facts.
Damn the Secretary of States in the fifty States and the similar officials in charge of qualifying the ballots in all other places we vote — for not a one of them asked for proof.
Damn the dogpack-loke ankle biters and frothing hectorers who mock mercilessly and idiotically those who demand only the verified facts.
But most of all damn those who stand by watching silent. They are the worst of all.
It appears that more and more of these types of ‘what if’ articles are being penned the past week. Very telling indeed.
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