This issue has been the talk of blogs for 6 months or more and could have been easily rectified long ago to avoid the Constitutional crisis we are now facing and will soon come to a head. The simple remedy would have been for Obama to produce his birth certificate, if legit this would have gone away. He hasn’t, he chose to file for dismissal instead, he went to Hawaii and had the governor lock any birth records up, Why? What is he hiding?
More and more proof has come out that Obama was not born in Hawaii, proof that his mother was not in the country when he was supposedly born. The statement of the grandmother saying she was at the hospital in Kenya when he was born, conflicting statements from O and his sister on which hospital in Hawaii he was born. Simple proof of a birth certificate would end all speculation and not the phony one already posted on the internet.
So where do we go from here? How will this work out in the near future? If he proves this by Dec. 1st it’s over and we move on. But, if Dec 1st comes and goes Obama ignores the SCOTUS the next step is the Electoral College.
SCOTUS could TOTALLY IGNORE the issue and refuse to hear the case, citing lack of standing, but I think that they won’t. If they ignore this, then they might as well throw the Constitution out the window. It wouldn’t be worth the paper its written on. Anyone could then thumb their nose at the Constitution. I think they have to hear the case and demand the birth certificate.
Assuming Obama is found ineligible:
1. If BEFORE the Electoral College meets, McCain’s electors from all States would be seated (since Obama would not have been qualified) and the vote would be 538-0 (Article II, Section 1, Paragraph 3). This would happen because Obama would not have been qualified to run in the first place. Biden would be VP since the 12th Amendment provides for the separate election of POTUS and the VP. Biden would be eligible and his electors would elect him. Thus, a McCain/Biden term.
2. If AFTER the Electoral College meets and certifies him, but BEFORE inauguration, the 20th Amendment provides that, if before the time fixed for the beginning of his term, the President-Elect shall have failed to qualify, then the Vice President-Elect shall act as President until a President shall have qualified. The same scenario as in (2), above, would then likely apply.
3. If AFTER inauguration, the 25th Amendment would apply and Biden would be President and choose his VP (with Senate confirmation). However, McCain might be able to sue – based on fraud and demand that the scenario provided in (2), above, be applied. Or, barring that, a new election.
4. Of course, SCOTUS could decide to avoid (1), (2), and (3), above, by declaring a fraudulent election and ordering a new one with verified eligible candidates. This would necessitate the implementation of Continuity Of Government laws – allowing Bush to remain POTUS until the election. Probably with the caveat that no new laws be passed in the interim.
I fear for this country and what we are about to witness. God Bless America and be prepared.
Berg said he was told by a clerk for Souter that his application for an injunction to stay the election was denied. But he also said the defendants “are required to respond to the Writ of Certiorari” by Dec. 1.
Will Supreme Court have say in presidency?
U.S. Supreme Court Justice David Souter has rejected an emergency appeal for the court to halt the tabulation of the 2008 presidential election results until Democratic presidential nominee Barack Obama documents his eligibility to run for the office, according to an attorney who brought the action that challenges the Illinois senator’s standing in the race.
However, the issue isn’t going away, at least for now, since Souter set a schedule for a response from Obama to the challenge from attorney Philip J. Berg.
As WND reported, Berg brought his claims to the Supreme Court after a federal judge dismissed his lawsuit alleging Obama is ineligible to be president because he possibly was born in Kenya.
The judge concluded Berg lacks standing to bring the action.
The 34-page memorandum that accompanied the court order from Judge R. Barclay Surrick said ordinary citizens can’t sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.
Instead, Surrick said Congress could determine “that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency,” but that it would take new laws to grant individual citizens that ability.
“Until that time,” Surrick says, “voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring.”
In a statement today, Berg said he was told by a clerk for Souter that his application for an injunction to stay the election was denied. But he also said the defendants “are required to respond to the Writ of Certiorari” by Dec. 1.
Read article.
