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To: HiTech RedNeck
I know of very little in law, but pretty sure the electoral process would uphold Biden being chosen as vice president. Biden would be more likely to willingly yield to Pelosi than for him to be forced out too.

You are probably right. The Supreme Court does not have the power to remove a President from office. Even if the current court declared that Obama does not meet the constitutional requirements to be President, what then? The Constitution does not say what happens should some not eligible become President.

This might actually work in favor of the Supreme Court making such a ruling since it would not be them removing Obama from office; otherwise, they might be more hesitant to do so. This way they can basically say "Obama does not meet the Constitutional requirements to be President; however, it is not within the court's authority or power to rule on what if any penalty there should be since it is not addressed in the Constitution and we are not a law-making body. Those powers are held by the legislative branch", which then would throw the ball into Congress' court. The only other thing I can think of that might give the court a little more say in his punishment would be something in regards to his swearing in by the Chief Justice. They could say Obama "perpetuated a fraud upon the court" or "committed perjury" since he put his hand on the Bible and SWORE to the Chief Justice to "uphold the Constitution". Ironically, his taking that oath would automatically and immediately disqualify him from serving as President if he is indeed not eligible. How can you "uphold the Constitution" in an unconstitutional manner? It's oxymoronic.

So, if the Court says "Obama is not a naturalized citizen and therefore does not meet the Presidential requirements as stated in the consitution, but his fate is in the hands of the legislative branch", meaning giving the problem to Congress, no doubt impeachment charges would be brought unless Obama resigned. Of course, impeachment procedings could be brought against Biden as well.

At that point, the GOP could probably have both their scalps, but only after a bitter, ugly fight to get who as President? Pelosi??? Pelosi would be better than Biden how? LOL So, I think there would be a compromise between the 2 parties - Obama goes (by resignation or impeachment) and Biden becomes POTUS.


52 posted on 03/26/2009 2:11:33 AM PDT by GLDNGUN
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To: GLDNGUN

If SCOTUS doesn’t make laws, what happened with Roe vs. Wade?


58 posted on 03/26/2009 2:17:25 AM PDT by JDW11235 (I think I got it now!)
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To: GLDNGUN

I’d foresee Obama simply quitting in such a situation, and unless there is a concerted Congressional effort to go after Biden’s scalp, Biden would simply serve out Obama’s term. Obama has more class than Gore, shoot almost anyone has more class than Gore.


62 posted on 03/26/2009 2:20:26 AM PDT by HiTech RedNeck (Beat a better path, and the world will build a mousetrap at your door.)
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