Wednesday, November 12, 2008

Constitutional provisions for ineligible Presidential candidate

UPDATE & CORRECTION

This link is the Docket of the US supreme Court for this case.
http://origin.www.supremecourtus.gov/docket/08-570.htm
If you read it, and you know anything about law, you will see that Berg petitioned for a writ of certiorari on Oct 30. This is a request that the Supreme court require the lower courts to turn over the documents, essentially Obama’s birth certificate. Then, on Oct 31, Berg asked for an injuction against the election moving forward. On Nov 3, his injuction request was denied. The next thing that happens is not that Obama is required to produce his birth certificate. On or by Dec 1, Obama’s attorneys will be required to file a response to the petition for certiorari. Essentially, they will file a paper where they state why this case should not go forward. That DOES NOT MEAN THEY WILL BE REQUIRED TO PRODUCE THE BIRTH CERTIFICATE. There are many more steps to come in this saga.

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If The Supreme Court Decides ...?At this point, Supreme Court Justice David Souter's Clerk informed Philip J. Berg, the lawyer who brought the case against Mr. Obama, his petition for an injunction to stay the Nov. 4 election was denied, but the clerk also required the defendants to respond to the Writ of Certiorari (which requires the concurrence of four Justices) by Dec. 1. At that time, Mr. Obama must present to the Court an authentic birth certificate, after which Mr. Berg will respond. If Mr. Obama fails to do that, it is sure to inspire the skepticism of the justices, unaccustomed to being defied. They will have to decide what to do about a president-elect who refuses to prove his natural-born citizenship."I can see a unanimous court (en banc) decertifying the election if Obama refuses to produce his birth certificate," says Raymond S. Kraft, an attorney and writer. "They cannot do otherwise without abandoning all credibility as guardians of the Constitution ..."Also remember on Dec. 13, the Electoral College meets to casts its votes. If it has been determined Mr. Obama is an illegal alien and therefore ineligible to become President of the United States, the electors will be duty-bound to honor the Constitution.


http://www.law.cornell.edu/constitution/constitution.amendmentxii.html http://www.law.cornell.edu/constitution/constitution.amendmentxx.html
Amendment XX Section 3.

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

3 comments:

Anonymous said...

So... President Biden (God love him)? I can't say I'd be happy, but nothing could be worse than President Zero.

On the other hand, I can imagine that the Congress and the SCOTUS might under current circumstances just decide to ignore the Constitution completely on the grounds of averting civil unrest.

Paving the way for President Schwartzennegger?

Blech!

Best Regards

Anonymous said...

Obama isn't President-elect until the Electoral college votes for him, so what would happen if it's discovered he is ineligible as a presidential candidate before then?

Anonymous said...

um if this was a legitimate claim dont you think foxnews would be all over it?