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To: fightinJAG

My read is the constitution distinguishes between a president elect and a president.

It gives instructions regarding a president elects eligibility and it gives separate instructions for a president that is not able to serve. For a president, it no longer gives eligibility requirements. In fact, it is possible that the succession rules provides us with a president who would not be eligible to be a president elect.

My read is that once the president is elected, there is no longer an eligibility issue because he is already the president.

The House appears to be given control over a president elect and a president. First, by counting and approving the electorate votes and then by impeachment. It also provides a solution if the president elect is ineligible but is silent when a president is ineligible. It also specifically limits impeachment to the House. If the SC began to determine the president did not have power then it would be effectively impeaching the president, a power specifically limited to the House.


73 posted on 03/28/2010 2:44:29 PM PDT by Raycpa
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To: Raycpa

I hear you, but this still focuses only on the effect of an ineligible president having served. And on the House’s role in counting votes, etc.

In effect, you seem to be saying if the House gets it wrong — if in fact, it allows an ineligible person to be seated as president — there is no remedy. Again, I’m not focusing on the effect of the ineligiblity on that president’s acts (treaties, etc.) But surely there must be some way to remove an ineligible person from office based solely on his ineligibility. Or are you arguing that, by virtue of being seated as president, there could never be a challenge that the president is ineligible?

Also I have yet to see what process the parties take in nominating, and the House takes in seating, to ensure a person is eligible. If no one can even produce a Supreme Court precedent on what, exactly, constitutes “natural born citizenship” (as opposed to citizenship), how in the world do the parties or Congress even know what to look for?

As I said, I haven’t followed the legal briefs, but it seems to me that if there are questions that are legally cognizable, they need to be sorted out now and evaluated before the next presidential election.


79 posted on 03/28/2010 2:55:46 PM PDT by fightinJAG (Are you a Twitter activist? Freepmail me & let's talk.)
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To: Raycpa

My read is that once the president is elected, there is no longer an eligibility issue because he is already the president.


That is a crazy statement. If some illegal alien can trick his way by fraud, deceit, bribery, blackmail and forged documents into the presidency, and is found out, he’s in like flynn? Ollie ollie in free? Ha ha?

That’s really a crazy statement.


106 posted on 03/28/2010 5:59:22 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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