Thursday, April 21, 2011

President Obama and whether or not he was born in the U.S.

If the allegations that President Obama is not a natural born citizen, as some people believe or suspect, the consequences could be disastrous for both the country and the constitution.

If President Obama is not a natural born citizen, then what happens?

According to the U.S. constitution, he never could have been president, under Article II, Section 1. As such, what would happen to the laws that were signed, vetoed, or not vetoed or signed within 10 days (Article I, Section 7)? I suspect that every bill passed by congress since 2008 would become law, since President Obama could not have been president during that time period. It would have been Vice-President Biden, who never signed or vetoed a single bill during his Vice-Presidency. The constitution does not specifically state that there has to be a sitting president when a bill is signed; it just gives the president 10 days to sign.

On the other hand , President Obama could not have run for the presidency in the first place, potentially putting the Republican party or other third parties into the presidency. We would still have the bills passed by congress during that time put into law, since they would not have been returned or signed by the president. The constitution did not foresee the potential for someone not naturally born in the U.S. or its territories becoming president. However, there are already amendments to the constitution which specify whom becomes president if the president should become unable to discharge his duties, which means that Vice-President Joe Biden would take over--regardless of whether or not he wanted to or anyone else wanted him to.

So, we have to ask ourselves, how would the Supreme Court rule a lawsuit against President Obama in all likelihood, again if it could be conclusively proven that he was not a natural born citizen?

It is my belief that the Supreme Court will have a ruling on party lines, with a 5-4 ruling saying that President Obama could not have been president if sufficient evidence is gathered. What happens to the bills and positions that President Obama passed or created while in office, and what happens to the bills that he vetoed is uncertain.

If it is decided that all bills that were vetoed while President Obama was president are de-facto law due to the 10 day clause, then all bills that were passed by congress during that time period are also law.

Post your comments on what you think would happen if President Obama was not a natural born citizen.