Well what do you think of this and will it go anywhere

[fightingquaker13]

FQ,

My understanding is that if this would ever be proven true it would nullify the election, and the Presidency would go to the Speaker of the House until another election could be run.  If it would be in the next six months I could see a Nov. 2010 Presidential for a two year term.  If it would go much longer I would see the courts saying the Speaker would govern until the 2012 election.

More important than who is in office is the principle of following the rules!

Nothing in the Constitution, the 25th ammendment or the Presidential Sucession Act says that. If the Presisent can't serve, the office goes to the Veep. There is no provision for a do over or a special election. Its BO or Biden till 2012, unless they get thrown out, then President Pelosi (BO looks better by the minute), or then President Hillary. Be careful what you wish for.
FQ13

[MikeBjerum]

Nothing in the Constitution, the 25th ammendment or the Presisential Sucession Act says that. If the Presisent can't serve, the office goes to the Veep. There is no provision for a do over or a special election. Its BO or Biden till 2012, unless they get thrown out, then President Pelosi (BO looks better by the minute), or then President Hillary. Be carful what you wish for.
FQ13

You forget that Biden didn't run for President - Obama did, and if he did so illegally the election is nullified.  This is the same reason that it wouldn't be just passed to the next highest vote getter.  This is the same stance the U.S. takes with every country where we over see election results.  If there is fraud by any one or any group it is a do over.

We can never tell what a court would rule, but based on the way we have over seen others it would be no one elected on that ticket or appointed by that winner could sit in that office ... Hillary wouldn't be it if it went that far down.  And remember, if Pelosi would move up to that office temporarily she would resign her office to do so, and this would mean that she would not go back to the House 

[fightingquaker13]

You forget that Biden didn't run for President - Obama did, and if he did so illegally the election is nullified.  This is the same reason that it wouldn't be just passed to the next highest vote getter.  This is the same stance the U.S. takes with every country where we over see election results.  If there is fraud by any one or any group it is a do over.

We can never tell what a court would rule, but based on the way we have over seen others it would be no one elected on that ticket or appointed by that winner could sit in that office ... Hillary wouldn't be it if it went that far down.  And remember, if Pelosi would move up to that office temporarily she would resign her office to do so, and this would mean that she would not go back to the House 

Thats nice in theory, but show me the law. The Court is not going to pull someting out of its ass to create a do over. The resoning will be that Aticle Two states that the veep succeeds the pres. The people chose Biden who is eligible, to that office, therefore the clear text of Article Two carries the day. There is no, except for X,Y and Z there. There is also the question of whether the Court could throw Obama out, or if he would have to be impeached if he was ieligible, barring the Cabinet invoking Article 25.
Ths is very much uncharted territory.
FQ13

[MikeBjerum]

Thats nice in theory, but show me the law. The Court is not going to pull someting out of its ass to create a do over. The resoning will be that Aticle Two states that the veep succeeds the pres. The people chose Biden who is eligible, to that office, therefore the clear text of Article Two carries the day. There is no, except for X,Y and Z there. There is also the question of whether the Court could throw Obama out, or if he would have to be impeached if he was ieligible, barring the Cabinet invoking Article 25.
Ths is very much uncharted territory.
FQ13

Obama being out would be a no brainer that is spelled out through inelligability.  It is everything after that that would be for those that think they are smarter than us.

The bigger thing is that just because it would be complicated, time consuming and stop all legislative operation is no reason to act like the three monkeys playing deaf, dumb and blind.

[tombogan03884]

The closest we have to a precedent on this would be Nixon.

[Sponsor]

[Pathfinder]

Thats nice in theory, but show me the law. The Court is not going to pull someting out of its ass to create a do over. The resoning will be that Aticle Two states that the veep succeeds the pres. The people chose Biden who is eligible, to that office, therefore the clear text of Article Two carries the day. There is no, except for X,Y and Z there. There is also the question of whether the Court could throw Obama out, or if he would have to be impeached if he was ieligible, barring the Cabinet invoking Article 25.
Ths is very much uncharted territory.
FQ13

Especially with what we do with all of the legislation he signed. Legal and binding or not? Nixon was legally elected. If bho is found to have assumed the position illegally, all the Presidential history books need to be rewritten, but the laws he signed? Damn good question.

[TAB]

The laws he signed would still be good.  No judge would make them just go away. 

It would be a very good bet that the VP would be next in line.


Its best if we don't go down that road.

[tombogan03884]

There is no precedent on this so I will contradict TAB by pointing out that if he was elected illegally he did not have the authority to sign or veto bills or exercise ANY Presidential duties. This means all the Czars could be challenged as well as Cabinet appointments.

[MikeBjerum]

I don't agree with your attitude that it is a road we best not go down.  The easy road is seldom the best or correct road.    We best not be found lazy, but rather willing to do the hard work if it is the correct work.  Think of the person that takes the simple lie to get around a complex situation they find themself in.  It may be easy going the wrong way at first, but in the long run it is always easier to do the hard work up front and move on than to perpetuate the complicated wrongs.

[TAB]

lets just say obama is removed from office...

Chances are here is what would happen.

Bidden, is sworn in, as a nation we look very bad...


here is another thing that might happen.

all of his laws he signed get thrown out, nancy gets sworn in... congress scrambles to get all the laws repassed.


In case you don't see where I'm going with this, nothing good comes from Obama being removed for not being a US citz.

many things that "could happen" are actually worse.

We are better off leaving it alone. 

Do I want obama gone?  yes, I do.  Is replacing him with the VP or the speaker of the house a improvment?   Bidden is a toss up, Nancy is not.  The best thing we can do now is limit it him by "changing" congress in the midterm elections.



Tom, good faith applys to the bills he signed. Chances are very good they would stand.