Comments

I don't know.....we still would be stuck with Biden, no?

Catalina your question is truly a fascinating one. If Obama is ruled to be ineligible to be President (I hugely doubt that would happen), all kinds of Constitutional paths open up that have not occurred in America's history.

What will be the Presidential status if SCOTUS rules Obama ineligible before the Electors from the States get together to certify the next President? If SCOTUS rules Obama cannot be certified then there are all kinds of scenarios available and many of them are not restricted by perceptions of the November elections. In essence or theory the Electors would be free to vote whomever they chose to be the next President regardless of the Election outcome. Think of it, they could choose Biden, Hillary, McCain or some compromise selection the Electors believe can do the job.

If SCOTUS rules Obama ineligible after the Electors certify him as Prez and Obama takes Office on Jan. 20, 2009 another set of Constitutional firsts arise.

One is I don't believe that SCOTUS has the authority to remove a sitting Prez from Office. That would mean the SCOTUS ruling would start impeachment proceedings in the House. If the House actually impeaches Obama by the needed majority (it is doubtful a dem party controlled House would do that), then Obama's Presidency is suspended and Biden becomes acting Prez while the Senate operates a trial of sorts. Only a simple majority is needed to remove Obama; however again I suspect a dem party majority would not allow this to happen. So SCOTUS rules Obama ineligible to be Prez and the dems of both houses of Congress do nothing to remove him. Can one say Constitutional crisis!

Others believe simply that VP Biden would take over for a SCOTUS nullified Elector vote. But does SCOTUS have the authority to nullify the votes of the Electors of the Electoral College? CONSTITUTIONAL CRISIS!

Let's the dems do nothing to remove Obama and that SCOTUS is powerless to enforce a Constitutional ruling. Then Obama serves four tumultuous years as President praying the Republicans never regain a majority in 2010. Election 2012 comes around then SCOTUS can prevent Obama from being on that ballot. That could be the end of Obama; however the next Prez comes to Office in 2012 (actually Jan. 2013) and in order to comply to the SCOTUS ruling of Obama to be ineligible to be Prez, I sense the new Prez would take it upon him(her)self to nullify anything Obama signed into Law for not stepping down from Office because of a SCOTUS ruled ineligibility. CONSTITUTIONAL CRISIS!

This is what I think is going to happen. SCOTUS will not examine this case according to the rule of law for fear of placing the American Government in chaos. SCOTUS decision: shelve the law suit on this Conference docket and not even consider it. This will be the easy spineless way out.

Post a comment

Already a Vox member? Sign in