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  #16 (permalink)  
Old 11-10-2009
Secretary of Defense

 
Member Since: Jan 2009
Location: Virginia
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Earth     United_States

Re: Who is the President?

Quote:
Originally Posted by daddio View Post
it still makes a sound whether there is anyone/anything there or not.
i agree...and the death penalty should be abolished.
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  #17 (permalink)  
Old 11-10-2009
City Council Member

 
Member Since: Jul 2008
Location: Laurel, MD
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Maryland     United_States

Re: Who is the President?

Quote:
Originally Posted by Ernie S. View Post
Not a tactic at all, just something that has been bothering me since the election. I was not trying to start a partisan bitch session, just a logical "what if?"


I don't see Biden as the President here. If obama's candidacy was invalid, by extension, so was Biden's Joe Biden didn't run for President, he achieved Vice President by default when obama won the majority of electoral votes for a hypothetically invalid candidate.
I do see more reason for Pelosi to be President, though it could be argued that McCain was valid and got the most votes cast for a valid candidate.
I don't really know you well enough to judge your motives. However your conclusions cast doubt on them. No student of government or law would offer your suggestions about such an outcome. Wishing for a bloodless coup is simply desperate.

If Obama were ever to be unable to serve, Biden is president. The notion that he would be unable to serve because he was not born in Hawaii is utterly ridiculous.
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  #18 (permalink)  
Old 11-10-2009
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Re: Who is the President?

Quote:
Originally Posted by Ernie S. View Post
Not a tactic at all, just something that has been bothering me since the election. I was not trying to start a partisan bitch session, just a logical "what if?"


I don't see Biden as the President here. If obama's candidacy was invalid, by extension, so was Biden's Joe Biden didn't run for President, he achieved Vice President by default when obama won the majority of electoral votes for a hypothetically invalid candidate.
I do see more reason for Pelosi to be President, though it could be argued that McCain was valid and got the most votes cast for a valid candidate.
It doesn't matter if Obama's candidacy turned out to be invalid, he was still sworn in as President. The most that can happen is he is forced to step down. This doesn't change the fact that he was President. You don't get to erase that. I'll say it one more time: Obama was President.
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  #19 (permalink)  
Old 11-10-2009
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Re: Who is the President?

Quote:
Originally Posted by bg85 View Post
i agree...and the death penalty should be abolished.


you would need to take that up with McDonnell or your legislator.
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  #20 (permalink)  
Old 11-10-2009
Secretary of Defense

 
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Re: Who is the President?

lol i'm just yankin your chain, daddio.

edit: has mcdonnell already been sworn in? that's fast.
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  #21 (permalink)  
Old 11-10-2009
Ernie S.'s Avatar
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Re: Who is the President?

Quote:
Originally Posted by Jefe View Post
It doesn't matter if Obama's candidacy turned out to be invalid, he was still sworn in as President. The most that can happen is he is forced to step down. This doesn't change the fact that he was President. You don't get to erase that. I'll say it one more time: Obama was President.
I see your point, but can't it be argued that since (hypothetically) his candidacy was invalid, then all that follows is also invalid, fruits of the poisoned tree so to speak?

Note to jschmidt You are right you don't know me well enough. My opinions may be colored by my politics, but my conclusions are based on my knowledge or lack of it. This is why I posed the question in the first place, to learn.
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  #22 (permalink)  
Old 11-10-2009
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Re: Who is the President?

Quote:
Originally Posted by Ernie S. View Post
I see your point, but can't it be argued that since (hypothetically) his candidacy was invalid, then all that follows is also invalid, fruits of the poisoned tree so to speak?
You could certainly argue that. You'd loose the argument, though. In fact, you've already lost it. Go back and read the other responses to your OP (you seem to be ignoring them, and only answering me).
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  #23 (permalink)  
Old 11-10-2009
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United_States     Virginia

Re: Who is the President?

Quote:
Originally Posted by bg85 View Post
lol i'm just yankin your chain, daddio.

edit: has mcdonnell already been sworn in? that's fast.



might as well move in, Kaine has been MIA for months
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"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

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  #24 (permalink)  
Old 11-10-2009
City Council Member

 
Member Since: Jul 2008
Location: Laurel, MD
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Maryland     United_States

Re: Who is the President?

Quote:
Originally Posted by Ernie S. View Post
I see your point, but can't it be argued that since (hypothetically) his candidacy was invalid, then all that follows is also invalid, fruits of the poisoned tree so to speak?

Note to jschmidt You are right you don't know me well enough. My opinions may be colored by my politics, but my conclusions are based on my knowledge or lack of it. This is why I posed the question in the first place, to learn.
OK fair enough. No, it couldn't be argued that Biden's place in line was forfeit using your fantastical set of facts. The ruling document is the US Constitution.

Quote:
In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
In 1947, Congress did so with the third variation of the act called, The Presidential Succession Act of 1947. Unless the Congress specifically impeached Joe Biden and specifically named John McCain as the successor in advance and it was upheld by the SCOTUS -- an utter fantasy -- there is simply no way John McCain could succeed Barack Obama.
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  #25 (permalink)  
Old 11-10-2009
Ernie S.'s Avatar
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Re: Who is the President?

You are probably right, but isn't it at least somewhat logical that if barack obama's candidacy was invalid, that he was never lawfully elected President and therefore there is no one duly elected to succeed George Bush?
The Constitution mandates an election on the first Tuesday following the first monday of November every 4 years. If you accept my premiss that there was no valid election, I think we've entered an area that isn't covered in the Constitution.

I know some of you consider the whole idea I've proposed preposterous. It may be, but I wanted to hear what you had to say about my musings, not what you thought of me.
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  #26 (permalink)  
Old 11-10-2009
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Re: Who is the President?

Quote:
Originally Posted by MattLarson View Post
Not so. In the eyes of the law, the election has happened, and proof of ineligibility at a later date doesn't create a "do over" for the entire election. If Obama were ruled ineligible and subsequently left office, the Constitutional order of succession would apply, and Biden would become President. Biden would then select a new Vice President with the advice and consent of the Senate.
This is what I would expect would happen.

However, assuming it was petitioned through the courts, I wouldn't put it past the rightwingers on the SCOTUS to appoint Sarah Palin as Commander-in-chief because otherwise the appointment of Biden would "threaten irreparable harm to petitioner Palin."
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  #27 (permalink)  
Old 11-10-2009
Disillusioned_1's Avatar
Secretary of Defense
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Member Since: Feb 2009
Location: Montana
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United_States     Montana

Re: Who is the President?

Quote:
Originally Posted by Ernie S. View Post
If you accept my premiss that there was no valid election, I think we've entered an area that isn't covered in the Constitution.

There was a valid election. Your hypothetical scenario only would mean the candidate was ineligible, however the election was still valid. The intent of the constitution is clear .... if the president is not able to fulfil his duties of the office (i.e. because of ineligibility), then the vice president is to become the next president.

Unless of course the SCOTUS puts Palin in office.
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  #28 (permalink)  
Old 11-10-2009
Secretary of Defense

 
Member Since: Jan 2009
Location: Virginia
Posts: 2,901

Earth     United_States

Re: Who is the President?

Quote:
Originally Posted by Ernie S. View Post
I see your point, but can't it be argued that since (hypothetically) his candidacy was invalid, then all that follows is also invalid, fruits of the poisoned tree so to speak?
you could make that argument but it would still be wrong...hypothetically and otherwise.
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  #29 (permalink)  
Old 11-10-2009
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Vice President
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Member Since: Jan 2007
Location: Champaign, Illinois
Posts: 7,076

United_States     Illinois

Re: Who is the President?

Quote:
Originally Posted by Ernie S. View Post
Without getting into a discussion about whether or not barack obama was born in Kenya or Hawaii, I'd like to pose a question.
....
Suppose someone showed up at the Supreme Court with incontrovertible proof that BHO was born in Nairobi. Obviously, he would not be eligible to serve as President, so who takes the big chair?
Those are perhaps the 2 most contradictory sentences/phrases I've ever seen placed back to back.

Let's not discuss whether he's illegitimate, let's just assume it to be so.
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  #30 (permalink)  
Old 11-10-2009
Ernie S.'s Avatar
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Re: Who is the President?

Yes. For the purpose of the discussion. I thought that was clear. I didn't want it to turn into a discussion about where obama was born, only what happens if he was found ineligible.
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