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I posted this over in the politics group, but then thought I'd like to see if anyone not reading those posts might have a ready answer for my question. Let's not debate here- there are enough of those threads already. :) I'd just like to know the answer to my what if question....

I keep pondering the whole arguement about Obama’s citizenship. Based on the key players, I have to wonder what the hidden agenda might be. Obviously, it doesn’t look like there will be a ruling before the election. But, let’s play out a hypothetical scenario.
What if he gets elected, and then it is determined that he is not a natural born citizen? There are several different factors involved -but if* he was born in Kenya (no proof has been offered otherwise) *or if he was an Indonesian citizen...he is not eligibe to be president. I am not suggesting that either of these is a fact (or that either has been proven.) I am just asking... what happens if he is deemed ineligible after becoming president. What does the constitution say? Would Biden automatically become president? Would it default to McCain? Would we have another election?
I don’t want to get into spats about whether or not he is a citizen. Apparently at this juncture, the courts don’t care. They threw out the case.. but there appears to be more than one suit, and I feel confident there will be an appeal. It was thrown out, not based on lack of evidence to support the claim, but for technical reasons that basically stated that Burg didn’t have the right to question his citizenship.
So forget whether you think it is a made up lie - the thought occured to me earlier tonight that I am ignorant(calling myself that!) regarding the constitutional provision for a situation like the hypothetical one I described above. Has anyone got a copy of the constitution? Shame on me, a homeschool mom! I don't (but I will!) Has anyone seen this addressed?
I am curious!



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Member Comments

    • 0 votes vote up vote up

      Bobbi Bacha wrote Oct 27, 2008
    • Ok I researched the birth certificate of Obama on my ancestry site and I did not find it as Hawaii does not report like many other states do, however, I believe a question was raised about Obama’s mother and she was an American.  By the way his mother was very beautiful a picture of her was posted on the Geneology page.  His dad was kind of nerdy looking with thick glasses, but Im guessing he may not have looked too bad with out them.

      Obama’s mother, below, as you can see she was born and died an American.

        

      Stanley Ann Dunham
      Birth: 29 Nov 1942
      Wichita, Sedgwick, Kansas, USA
      Death: 7 Nov 1995
      Honolulu, Honolulu, Hawaii, USA  

      She was married to Barack Obama born in Alego Kenya, 1936 and he died in Narobi, Kenya in 1982.

      Again, Im not a lawyer so I dont know the technicalities of where he was born or her age, I just know she was an American and so should be her son.



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    • 0 votes vote up vote up

      Anna Aguilar wrote Oct 27, 2008
    • Barack Obama was born in Hawaii and John McCain was born in the Panama Canal.  Somehow they are both eligible to run for president (I read about this in Newsweek or Time magazine).  Either way, let’s just hope whoever wins can clean up the mess that the last 8 years has been.



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    • 0 votes vote up vote up

      Dee Dee Shaw wrote Oct 27, 2008
    • The question was more of a what if question - not was he or wasn’t he. I have read alot too, and somehow I suspect that the Democrats (this is the big puzzlement for me) will manage to get him disqualified after the election if he wins. If I knew the law, I might be able to figure out the puzzle/motive.



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    • 0 votes vote up vote up

      Mztracy wrote Oct 27, 2008
    • good question. I think being that his birth father has the same name, is the problem with the kenyan birthplace.  

      It would be the republicans that would try and get him out if in fact the ‘stories’ are true.  

      But the way i see it, Bush is a born and bred american citizen, and look what he did to our country....food for thought.

      But good question, and i wonder if it is even in the constitution.



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    • 0 votes vote up vote up

      Dee Dee Shaw wrote Oct 27, 2008
    • Tracy,
      The primary law suit is coming from a very prominent Democratic lawyer (connected to Hillary in some way). There are other allegations, but it is the Democratic connection that really has me scratching my head.



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    • 0 votes vote up vote up

      Dee Dee Shaw wrote Oct 27, 2008
    • That is what I thought too pureromance, but my hubby doesn’t think so. It would mean that the election wasn’t valid in the first place. He isn’t sure what the right answer is, but he doesn’t think that is it. Does that make sense? It is late... and I am tired. :)
      BTW, I didn’t read rudeness into your question. :)



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    • 0 votes vote up vote up

      Dee Dee Shaw wrote Oct 27, 2008
    • Here is what I found:
      “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.  

       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. ”

      Doesn’t appear that there is a provision for what to do if he were elected and then found to not be qualified. It could be interpreted as a removal from office, but I don’t think that would be accurate. Looks like if they pull this off (still very hyptothetical and a long shot) but if they did, it appears to me that the Congress could do what they thought right in their own eyes, because it doesn’t seem to be provided for in the constitution. I might have missed something in my tiredness though.



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    • 0 votes vote up vote up

      Dee Dee Shaw wrote Oct 28, 2008
    • I just wondered (considering the connections) if there was a plan to wait it out, and if Obama wins - call the election invalid, then somehow set up a special election with Hillary on the ballot.



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    • 0 votes vote up vote up

      Cindylouwho1966 wrote Oct 28, 2008
    • I commented on this on the other blog, Dee Dee, and posted info from a website, it’s buried somewhere in that other blog I am too scared to go back into!! If he has an American-born parent, he is American, no matter where he was born.



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    • 0 votes vote up vote up

      Dee Dee Shaw wrote Oct 28, 2008
    • Lu,
      I responded - and I agree that it is a muddle over there.
      There are two sticking points (although I said I wasn't going to elaborate here since I was just curious as to what might happen if an elected official was declared ineligible.)
      1)*IF* he was born in Kenya, the law states that his mother would have had to be 19 for his citizenship to be granted ‘as a natural born citizen.’
      2) If he attended Indonesian schools, he would have had to have had an Indonesian citizenship - and they didn’t allow a dual one - so mom and step-dad would have renounced his citizenship for him in order for him to attend school there.

      Now, whether it all pans out, who knows. I am not puporting that either of these are true or can/have been proven. I just want to know what will happen IF he wins and IF they prove him not to be a citizen.



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