Ping to # 128.
Thanks, David.
Not so.
My own view is that the enormous underlying conflict in our Culture will result in a major disconnect before the issues inherent in the Obama eligibility question are significant. But if that is not correct--
Continuing action and events that have current impact which require participation by a Constitutional "President" include legal process that would form the basis for a Constitutional crisis.
A good example is the Supreme Court. Assuming that Obama was in fact not qualified under the Constitution, neither Sotomayer nor Keagan are on the Court. Add that to the prospect of imminent replacement of Breyer, Kennedy, and Ginsburg and you can see a sudden shift in the basic legal structure--replace four fuzzies and the primary balancing vote with strong Justices off Trump's list and we should see a reversal of the law on federal government powers such as NLRB v. Jones & Laughlin Steel and the decisions expanding taxing power beyond the Income Tax Amendment.
A wide range of Government action requires a Constitutional President--much of Barry's agenda in the White House would not survive a conclusive decision holding him ineligible.
I doubt we get there because I think the structure dissolves before we do but that is just a judgement call which may be incorrect.
Ping to # 128.
Thanks, David.
A wide range of Government action requires a Constitutional President--much of Barry's agenda in the White House would not survive a conclusive decision holding him ineligible.
A nice fantasy, but unfortunately a fantasy nevertheless. The Supreme Court found some time ago that in the event that an elected official is found to be ineligible for their office, all votes cast and decisions made by them while the were assumed to be eligible for the office remain in place and are legally valid. I forget the term used to describe it but the long and short is that even of Obama is found to have been ineligible, what he did in office stays.
The legal term I had been trying to remember is the De Facto Officer Doctrine which says that acts performed by a person acting under the color of official title are valid, even though it is later discovered that the that person’s appointment or election to office was illegal. So anything Obama did in office stands.