How exactly does one go about constructing a Constitutional crisis?
It can’t be done easily and it takes a concerted effort to contradict the very framework of our nation.
Obama is in the midst of such a creation.
If Georgia Judge, the Hon. Michael Malihi, returns a verdict disallowing Obama’s name from the Georgia ballot, a Constitutional crisis could well be the outcome. The threat of such an event can be no reason to issue a ruling which would avoid it.
In last week’s Georgia hearing, neither Obama nor his attorney were present. Obama was campaigning in Nevada and his attorney, Michael Jablonski, issued to the Georgia Sec. of State the previous day, his intention of non participation.
Regardless of the outcome and the decision of the Judge, an appeal will certainly follow and should the Judge rule against Obama, expect an injunction to be filed preventing the Georgia Sec. of State from taking action to remove Obama from the ballot.
One of the things which is sure to be brought into play by Jablonski is Executive Privilege.
It will be claimed that Obama, as sitting President, has the Executive Privilege to ignore the subpoena of the court.
We believe this will be met with resistance by the legal team for the plaintiffs.
The Supreme Court clearly set precedent in 1974 regarding Nixon and Watergate. A President can claim Executive Privilege when military or diplomatic secrets were at stake or if the information subpoenaed affected internal executive office deliberation pertaining to national security.
For Obama to claim Executive Privilege, he would have to show how his father’s nationality, his birth certificate, his Social Security number or other elements of his past, entered into the Georgia court record last Thursday, are elements of the military, diplomatic or internal discussions related to national security.
Of course, the elements of Obama’s past which are now part and parcel of the case against his being allowed on the Georgia ballot do not rise to anything near that level.
With the precedent set by the Supreme Court in 1974, the President, any President, is not above the law.
Should Judge Malihi find that the evidence and testimony provided last Thursday carry enough weight, and as no evidence or testimony was given to the contrary as Obama’s attorney decidedly opted not to participate, and rule that Obama’s name not be included on the ballot in Georgia, that decision will be met with an immediate appeal.
This will have the effect of dragging out the ultimate decision and one can assume that is the tact being employed by Obama and his attorney. Drag it out long enough to have Obama on the ballot before any final decision can be reached. State court. State Supreme Court. U.S. Supreme Court.
Obama and his attorney know the clock is ticking loudly and stall tactics work in their favor.
For the sake of this article, realizing no decision from Judge Malihi has been delivered at this writing, a fair amount of speculation is forgivable. Let’s say that Obama is denied a place on the Georgia ballot and subsequent appeals by him fail.
In this scenario, Obama is found ineligible for the Georgia ballot.
One can easily see a cascade of other plaintiffs in a multitude of states filing similar or carbon copy complaints – and with one state’s precedent set, one could also reasonably suspect any other such cases would have a similar outcome.
He could hold out and complete his term while all the while, being suspected of being Constitutionally ineligible.
As he would not appear, in this scenario, on most state’s ballots in November 2012, the DNC would have to find a different candidate. This move may be under way behind the scenes as Hillary Clinton has let it be known she doesn’t intend to serve another term as Secretary of State. While she claims to be leaving government all together, that could…COULD be a ploy and it isn’t hard to believe, if pressed by the DNC, she would run for President.
The DNC, because of the evidence presented last Thursday, could be in hot water as they certified Obama to run in 2008. The evidence presented shows a clear difference between the DNC and RNC certifications in 2008. The DNC certification doesn’t include the word “Eligible” which could provide plausible deniability to the DNC though one would suspect they would have to answer for the missing word.
What of the legislation bearing Obama’s signature?
This could pose some real issues. Those piece of legislation were passed by Congress so it is arguable that they might stand. Of course they would not have become law without Obama’s signature and, again, for the sake of this article and argument, he has been found ineligible or at the very least, legitimately suspected of it.
Repeal of legislation would be the fastest and surest way to overturn it which is one reason why a Republican-controlled House and Senate after the 2012 election is such a high priority.
It would seem they would be null and void as they are enacted without consent of Congress but that could only happen, we suspect, after such time as Obama’s ineligibility is proven beyond reproach in court.
A new President has the ability, by Executive Orders of his or her own, to reverse previous such orders – and again, that would be the surest and quickest way to do it.
Obama could resign. Nixon did it for the good of the nation and exactly to avoid a Constitutional crisis. It is arguable that Obama’s ego and arrogance would not allow him to do this.
Obama could be impeached.
This would be time consuming; and with the Senate controlled by Democrats at this time, an outside shot at best.
As Commander in Chief, Obama has sent our service men and women into harm’s way. Some have died and some injured. How exactly an illegitimate President, one found Constitutionally ineligible, effects that is completely unknown.
The Constitutional crisis which would unfold, should Obama eventually be found constitutionally ineligible, would be enormous and the ramifications of it would echo for years, maybe decades to come. Such a finding would be unprecedented. The mechanisms to deal with such a thing, untested.
There are options or, ways for Obama to get out of the situation.
1) Obama would have to prove his father was a U.S. citizen meaning the man who he has claimed was his father, really wasn’t and “Dreams From my Father” would be a work of fiction rather than a memoir. That book after all, was featured prominently during his 2008 campaign.
2) The court would apply a lower standard to “Natural Born Citizen” making it possible that only 1 parent need be a citizen or worse, that neither need be a citizen only that the person running for President be born on American soil. This would allow for a President, by virtue of birth, to have a close allegiance to another country or for the offspring of illegal aliens to serve as our President.
3) Obama could either resign or be impeached pending the outcome of the case against him.
4) Ignore it all and just hope it blows over. This in and of itself would set a precedent which would be most dangerous. Once such a precedent is set, the door is open to a future of questionable candidates whose motives might be swayed by foreign entities. This option places the eligibility clause of the Constitution in a position to be ignored completely.
None of this even touches upon the other issues raised, testified to or presented evidence from last Thursday. The birth certificate, the Social Security number, Obama’s own citizenship, his living in 2 places at the same time, etc.
To say there is a dark cloud over Obama at this point is an understatement; but, so far, with a President who is putting himself above the law, a complicit media willing to provide cover, a Congress seemingly not wanting to be bothered and a liberal base being more than dismissive ignoring any facts brought about and entered into official court records, the situation is bleak.
Clearly, the Judge’s decision, forthcoming within days, will not be the end of the thing, but rather, only the beginning. While the ramification of a Constitutionally ineligible President having served a complete or nearly complete term are staggering the alternative…would be crushing.
To ignore the eligibility issue altogether or to apply the most relaxed standard possible to “Natural Born Citizen” in order to avoid such a crisis would be worse than the crisis itself.
Clearly the Founders and Framers intended the most stringent standards be met and the Constitution is the bedrock upon which our nation stands. If a President, any President, is allowed to meet only the lowest common denominator, it would render the entire Constitution a mere suggestion rather than the highest law of the land.
If a President, any President is not to be held to the Constitution, how then or why, would any of us be expected to abide by it?