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Posted: 8/3/2009 2:37:48 PM EST
[Last Edit: 8/3/2009 2:54:31 PM EST by Javak]
http://www.slate.com/id/2224167/



Despite a congressional resolution affirming President Obama's U.S. birth and a reaffirmation of his birth certificate's authenticity from Hawaiian officials, media outlets continue to air frivolous allegations that the president was born in Kenya, rendering him ineligible for the presidency. Let's pretend, for just a moment, that the birthers had credible evidence that Obama was foreign-born. Then what would happen?

Resignation, impeachment, or nothing. If Obama stood his ground, and Congress stood by him, then the only way to legally remove him from office would be for someone to sue. Problem is, no one would have standing to bring such a lawsuit. To establish standing, a plaintiff must show that he has suffered an injury personal to him, that the defendant caused the injury, and that the court could provide a remedy. That turns out to be an impossible task.

Average citizens could not show a personalized injury because Obama's allegedly illegitimate presidency would impact everyone in roughly the same way. Courts invariably dismiss such claims, like the 1937 case alleging that Justice Hugo Black was ineligible to serve because as a member of Congress he had voted to increase the justices' salaries. Even membership in much smaller aggrieved groups generally doesn't work. The Supreme Court rejected a suit brought by parents of African-American children challenging the IRS's lax enforcement of anti-discrimination laws and another by legislators who claimed their voting rights were diluted by the line-item veto. In both cases, the communal nature of the injury precluded standing. Thus the lawsuit of Army Maj. Stefan Cook, who argued that his pending deployment to Afghanistan by an illegitimate president constituted a particularized injury, was doomed to failure. (The case was mooted when the Pentagon canceled his deployment.)

Obama's opponents in the 2008 presidential election can show injury, since their personal presidential ambitions were thwarted. Indeed, Alan Keyes has filed a lawsuit making just that claim. In order to get Obama out of the White House, however, Keyes would have to show that his injury could be redressed by the court. But the most a judge could do would be to remove Obama from office, making Joseph Biden the president. Keyes would be in the same boat he's in now.

Even if someone could establish standing for such a case, the courts might refuse to hear it under a prudential limitation called the political question doctrine. This states that courts will not settle questions that the Constitution clearly assigns to other branches. Because Congress can challenge the president's credentials during the vote-counting process and impeach him at any time, presidential eligibility is a classic political question. (Before the Inauguration, some argued that state courts, which operate under different rules from federal courts, might hear cases challenging the candidates' eligibility to appear on state ballots. This is highly unlikely now that Congress has ratified the election results.)

Of course, Congress could always vote to impeach Obama. In the words of then-Rep. Gerald Ford, R-Mich., during his attempt to impeach Justice William Douglas for questionable financial dealings, "an impeachable offense is whatever a majority of the House of Representatives considers [it] to be at a given moment in history." Just as the political question doctrine would prevent Orly Taitz from removing Obama from office, it would stop him from challenging his impeachment in court. (Impeachment would not invalidate the actions Obama took while in office.)

Obama is not the first to face these allegations. President Chester Arthur endured years of unsubstantiated rumors that he was born on the wrong side of the Vermont-Canada border. Some opponents questioned Herbert Hoover's eligibility as well. Hoover met the Constitutional requirement of having been a resident within the United States for 14 years, but those years were not consecutive, and the Founding Fathers weren't clear on whether the distinction matters. Neither case made it to court.

Link Posted: 8/3/2009 2:43:19 PM EST
I thought this was clarified with the position of the Prez as Commander inChief?

If he is not legit, then sending someone to war, without legal authority, would cause an injury.

TRG
Link Posted: 8/3/2009 2:44:09 PM EST
[Last Edit: 8/3/2009 2:45:17 PM EST by WildApple]
This slanted article doesn't take into the fact that he would most likely not have the support to continue on for another four years. Probably would lack credibility and support for everything he strived for and should lack many things in the future because of it.
Link Posted: 8/3/2009 2:45:38 PM EST
That article is wrong. Every registerd Republican who spent time voting could sue, every person who donated money to a losing candidate could sue. All can show they were harmed by a candidate, that wasn't eligible, winning.

At least that is my nonlawyers ass opinion.



Link Posted: 8/3/2009 3:09:33 PM EST
How do the voters negatively impacted by a fraudulent election not have standing?
Link Posted: 8/3/2009 3:13:35 PM EST
I figure I post this article, incomplete and biased to a degree as it were, to get the discussion going.

So what would the Supreme Court do, then? Does it have the power to remove Obama from office, constitutionally? Democrat majority house and senate are very unlikely to vote to impeach him.
Link Posted: 8/3/2009 3:14:36 PM EST
I don't believe the article either. If he's not the legitimate president then we have ALL been injured.
Link Posted: 8/3/2009 3:38:10 PM EST
[Last Edit: 8/3/2009 3:41:05 PM EST by Sarc_GT]
Some Dr. Lady on the Michael Savage show this evening said that if Obama wasn't a natural-born citizen then that he would be removed from office immediately and Biden would only be President temporarily until a new election was conducted

ETA: Don't know how right she was though, and she didn't mention whether the case would be bogged down in court until he served his time anyways
Link Posted: 8/3/2009 4:39:05 PM EST
I don't know if he's a Kenyan or not. If not, why he simply doesn't just show the real birth certificate, I don't know. The fact he won't release the real birth certificate leads me to believe he's a Kenyan. Also a statement he made to Alan Keyes when they ran against each other in the Senate race.

But I do know he's a Marxist-Leninist Commie Muslim @$$hole.
Link Posted: 8/3/2009 5:36:35 PM EST
I think the article is wrong. By law Congress would have the power to remove him from office. and appoint Biden as Prez temporarily until a new election could be arranged. If he gave them any shit, they would only have to start defunding the WH. His cronies, appointees and SS would leave, and he would basically become ineffective over nite.
Link Posted: 8/3/2009 5:52:25 PM EST
The article in the OP sounds to me like a fallback position for the libs should it be proven that "The One" is indeed not a natural born citizen.

Basically they are trying to say, "Why go to the trouble, since you won't be able to get rid of him anyway, even if he is Kenyan."

Wishful thinking, if you ask me. (If you consider that he is indeed not natural born, which, to me, has NOT been proven beyond a reasonable doubt.) But I can hope.......

LC
Link Posted: 8/3/2009 5:58:49 PM EST
I am not a "truther" and believe he is legit...with that said, if someone knowingly subverted the constitution and lied to the American public, couldn't he be tried with treason? As far as the whole "they would have to prove damages" isn't subverting the nations election law damage enough. If it was proven true, I would hope that he would be run out of the office by the masses and forced to resign, give up his citizenship and be banished to Kenya.
Link Posted: 8/3/2009 6:35:30 PM EST
[Last Edit: 8/3/2009 6:38:53 PM EST by DvlDog]
According to my wife (J.D.) Only a commisioned military officer will have standing. Cook lost his standing when his orders got yanked. It may be possible for an officer who has been deployed and suffered some hardship like a wound or death in the family etc to have standing. I would think an ideal cadidate to have standing would be a reservist officer who's small business went under because he got deployed.


ETA: I am not really on board with the whole birthers thing. I think it is suspicious that he had the governor of HI seal the records. I would speculate that his original, raised seal birth certificate probably has him listed as "caucasian". Think about it.... Its 1961. America is segregated. Blacks are treated like second class citizens in many parts of the country. You want to give your little halfrican every advantage. He is just as much white as he is black. If he can self identify as black to get votes its completely concievable that she could identify him as white in a pre-civil rights america.
Link Posted: 8/3/2009 6:41:27 PM EST
Originally Posted By WildApple:
This slanted article doesn't take into the fact that he would most likely not have the support to continue on for another four years. Probably would lack credibility and support for everything he strived for and should lack many things in the future because of it.


Ding, ding, ding.
Link Posted: 8/3/2009 6:46:22 PM EST
If it is proven that Obama is NOT eligible to be President, it then becomes the DUTY of the Congress to Impeach him and if they do NOT Impeach him, then it becomes the duty of every citizen to Impeach their Congressmen/women.
Link Posted: 8/3/2009 6:49:41 PM EST
How would Biden become president? He rode in on the ticket with an inelligible candidate.
Link Posted: 8/3/2009 6:49:56 PM EST
Originally Posted By gunham:
If it is proven that Obama is NOT eligible to be President, it then becomes the DUTY of the Congress to Impeach him and if they do NOT Impeach him, then it becomes the duty of every citizen to Impeach their Congressmen/women.


Do you think defrauding the whole American people counts as a high crime or misdemeanor?

Link Posted: 8/3/2009 6:58:15 PM EST
It would be difficult (even for a rabid dem) to accept the biggest liar in American History being the potus.
Link Posted: 8/3/2009 7:10:08 PM EST
That is all
Link Posted: 8/3/2009 7:15:04 PM EST
Would it make any of his policys signed while in office null and void?
Link Posted: 8/3/2009 7:17:10 PM EST
Just prove it, already.


One simple document and it would have never been an issue. Much less an issue that is growing.

Personally? I think it's a trap.

((shrugs))

It still needs to be revealed, though.
Link Posted: 8/4/2009 2:31:50 AM EST
The birth certificate controversy is a ruse to keep the lid on the truly damning document trail.


Link Posted: 8/4/2009 5:04:56 AM EST
To all appearances, Obama is a native-born American citizen. I believe the article in the OP is substantially correct. In the event that it could be proved that Obama was born outside the United States, nothing would come of it because an overwhelmingly Democratic congress would not want to impeach and the press would not make an issue of it - after all, it's their job, as Chris Matthews said, to help Obama succeed. The Constitutional requirement that a president be native-born would be dismissed as anachronistic, nonsensical, and of course, racist. The whole thing would die.
Link Posted: 8/4/2009 5:34:13 AM EST
Congress said so?


The levels that he goes through are even more ridiculous than just SHOWING THE DAMN document. With our levels of corruption and self-interest in Congress, this only lends less credibility, not more. Any politico that is a supposed 'birther' is outed and being destroyed politically, and I think they are all afraid of the ramifications everywhere if we just allowed an illegal candidate to be elected. Our government would undeniably be displayed to the whole world as a full-retard circus an all our credibility shot. We would no longer be #1 overnight.

We simply can't let that happen. Obama keeping office is the lesser of two evils. This whole escapade fits liberals to a T - dodging the question and simple character attacks. Any true conservative would have simply produced the document. There is no private information worth hiding on a birth certificate.
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