Dick Cheney Could Potentially & Legally Be POTUS on March 4th, 2009

After these posts Hollister has “standing” and needs a decision so he knows whether or not to follow any Order of Soetoro a/k/a Obama., Obama Knew, and The Court's Duty in the Constitutional Issue of Native Born vs. Dual Citizen, I started thinking - What would happen if it WERE found on January 9th, 2009 that Obama wasn't qualified for the Presidency. I did some research and found this...

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.

But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

Remember:
January 9th, 2009 two things will happen - The U.S. Supreme Court will hold committee on Berg's lawsuit #1, claiming that Obama isn't qualified. AND The Congress will meet to validate the electoral ballots.
January 16th, 2009 the U.S. Supreme Court will hold committee on Berg's lawsuit #2.
Some other time, 2009, the Supreme Court will respond to Berg's lawsuit #3.

Unless I'm reading this wrong, although a slim chance, there is a way that Cheney could become POTUS through all of this on March 4th because he is the sitting Vice-President and the U.S. has an even number of states.

Wow... now wouldn't that be a kick in the American public's a$$...

Edited title

[edit on 31/12/2008 by Iamonlyhuman]

What is your source? Besides other ATS threads?

reply to post by Blueracer


LOL.. the Constitution of the United States of America Amendment 12 as quoted in my original post.

[edit on 31/12/2008 by Iamonlyhuman]

hate to brake it to you but DICK cheney has been POTUS this whole time.

reply to post by Iamonlyhuman


Actually you were not clear on what you were quoting. Hence the confusion.

Originally posted by Blueracer
reply to post by Iamonlyhuman

 

Actually you were not clear on what you were quoting. Hence the confusion.

Yep, saw that, sorry...

reply to post by Iamonlyhuman


hey you are only human

NO Cheney would not become POTUS. If Obama is deemed ineligible before Jan. 20 Bush's term as POTUS would not end until a new president was elected and sworn in!

reply to post by Mercenary2007


But Merc, that's not what I'm reading in the constitution... Bolded above. Aw... I'll just restate it here "And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President."

[edit on 31/12/2008 by Iamonlyhuman]

reply to post by Iamonlyhuman


If Obama is removed from office for any reason after being sworn in on Jan. 20 yes the vice president would then become president. however you named the wrong VP its not Cheney that would become president it would be Biden!

So it breaks down like this before Jan 20 bush and Cheney stay after Jan 20 if Obama is removed Biden becomes POTUS until a new election occurs.

reply to post by Mercenary2007


No Merc.. let me see if I can do it justice here...

Nov. 4th, 2008 - popular vote (where we all went out and voted for president but really our vote is not what matters, it just gives the electoral college an idea where the people in their states voted - they don't have to vote this way though)

First part of December (can't remember the exact date) - the electoral college voted for President (this is really the one that matters - unless mandated by state law, the electoral college doesn't have to vote the way their state's did in the popular vote). They sealed their vote and sent it to the President of the Senate then the Senate went on vacation.

January 9, 2009 - The President of the Senate opens the electoral college votes and if there's a majority that person wins the POTUS and is inaugurated on January 19?, 2009. If not, it goes to the House of Representatives for vote on who should be POTUS. If they can get a majority vote by Jan. 19? then that person is inaugurated. If there's not a majority vote (under a 2/3 quorum) by the House of Representatives by March 4th, 2009, then the sitting Vice President (Cheney) acts as POTUS.



[edit on 31/12/2008 by Iamonlyhuman]

reply to post by Mercenary2007


Everyone... Merc is correct on this one. The VP elevated to serve as POTUS until a new vote is held would be Biden, not Cheney (THANK GOD!!!).

The very notion that Biden becomes POTUS for the term is erroneous as the election in and of itslef would be null and void. There has been much confusion on this issue, but thanks to my attorney and Constitutional law scholar father, I now have an intimate understanding on this issue.

S&F for you Merc and S&F to the original poster for creating a thread that allowed us to air this one out.

reply to post by Iamonlyhuman


Your confusing two very differnet and distinct issues. The first is the outcome of the electoal college. Yes, if there is no clear winner in the vote of electoral college votes, the process proceeds as you have described. However, this has not ever happened and there is no reason to think it would now. Obama won the general election handily and will likely win the electoral college vote in similar fashion.

Moving forward, let us assume that Obama is deemed ineligible by the SCOTUS... Biden, would then take the seat of POTUS until such time that the House can hold an election for a new POTUS. I guess, that is assuming that a.) his election is certified and b.) his swearing in has taken place.

If something happens in between those events then we are buried amidst vagaries on the matter and it will no doubt be sorted out by the SCOTUS as this was never anticipated. The writers of the Constitution assumed that there would be adequate protections in the law and procedures preventing things from ever getting to that point.

Time will tell; we shall see...

reply to post by kozmo


Ok so everyone is assuming that Obama has won the electoral college vote in the first place. My assumption is that he did not (only for the sake of this arguement).

If he didn't win the electoral college vote (which we won't know until January 9th, then if the House doesn't get a majority vote for who should be POTUS by March 4th, then Cheney becomes the POTUS by default. Biden never enters into this.

[edit on 31/12/2008 by Iamonlyhuman]

Originally posted by kozmo
reply to post by Iamonlyhuman

 

Your confusing two very differnet and distinct issues. The first is the outcome of the electoal college. Yes, if there is no clear winner in the vote of electoral college votes, the process proceeds as you have described. However, this has not ever happened and there is no reason to think it would now. Obama won the general election handily and will likely win the electoral college vote in similar fashion.

Agreed it is very unlikely that it would occur, however, it could occur and with all of the controversy I would say it's more likely than it ever has been.

Moving forward, let us assume that Obama is deemed ineligible by the SCOTUS... Biden, would then take the seat of POTUS until such time that the House can hold an election for a new POTUS. I guess, that is assuming that a.) his election is certified and b.) his swearing in has taken place.

Correct.

If something happens in between those events then we are buried amidst vagaries on the matter and it will no doubt be sorted out by the SCOTUS as this was never anticipated. The writers of the Constitution assumed that there would be adequate protections in the law and procedures preventing things from ever getting to that point.

Yes, and they also assumed that the SCOTUS would do their JOBS. They should have settled this LONG ago. Obama could have EASILY settled this long ago.



[edit on 31/12/2008 by Iamonlyhuman]

reply to post by Iamonlyhuman


In that case, yes, you are corect. However, the other scenario I outlined, where Obama's election is certified, then it would be Biden. Again, two different scenarios with different solutions.

Originally posted by Iamonlyhuman
Yes, and they also assumed that the SCOTUS would do their JOBS. They should have settled this LONG ago. Obama could have EASILY settled this long ago.

[edit on 31/12/2008 by Iamonlyhuman]

We have to be very careful here. Yes, Obama could have, and SHOULD have settled the question long, long ago. Yet, for reasons known only to him he decided to hire not one, but three law firms to handle the matter - curious indeed. However, to this point, the SCOTUS has been correct in dimissing these cases as their purpose is not be advisor in fact but to settle the issue of the law with those who have standing. Thus far there has been no material damage to anyone bringing suit, with the exception of Keys who lost in the election. The reasoning behind that dismissal was somewhat like a pass interference call in football- the ball was uncatchable. I other words, it would take someone like McCain to demonstrate standing on the question.

That being said, just wait until this guy signs his first piece of legislation... the lawsuits will fall like and avalanche as those folks will clearly have standing.

My view (but, then again, Iamonlyhuman and I obviously views things differently than the SCOTUS heh): The 10th Amendment to the Constitution states that powers not delegated to the federal government, nor prohibited to the states, remain with the states or the people. Therefore it seems that any state or any person has standing to sue to enforce not just the Natural Born Citizen Clause, but other constitutional requirements and rights, absent some expressly written bar within the Constitution itself.