Onto the topic. In the context of some comments on another blog I read, I asked this question about a particular potential scenario in this election.
* Obama gets elected.
* Some kind of incontrovertible evidence that he was born elsewhere - a country other than the U.S. - comes out.
* What happens now? Does he get removed? By who? Who replaces him? I assume there's not a re-vote is there?
I was directed by a commenter on the thread to an essay written by a Constitutional Attorney and professor who holds four degrees from Harvard: A.B. (Harvard College), A.M. and Ph.D. (Harvard Graduate School of Arts and Sciences), and J.D. (Harvard Law School) , OBAMA MUST STAND UP NOW OR STEP DOWN. I highly recommend giving it a read. Here are some of the most interesting parts, taken from the list of consequences if this scenario actually occurred:
First, if Obama is not “a natural born Citizen” or has renounced such citizenship, he is simply not eligible for “the Office of President” (Article II, Section 1, Clause 4). That being so, he cannot be “elected” by the voters, by the Electoral College, or by the House of Representatives (see Amendment XII). For neither the voters, nor the Electors, nor Members of the House can change the constitutional requirement, even by unanimous vote inter sese (see Article V). If, nonetheless, the voters, the Electors, or the Members of the House purport to “elect” Obama, he will be nothing but an usurper, because the Constitution defines him as such. And he can never become anything else, because an usurper cannot gain legitimacy if even all of the country aid, abets, accedes to, or acquiesces in his usurpation.
Fourth, if he turns out to be nothing but an usurper acting in the guise of “the President,” Obama will not constitutionally be the “Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States” (see Article II, Section 2, Clause 1). Therefore, he will be entitled to no obedience whatsoever from anyone in those forces. Indeed, for officers or men to follow any of his purported “orders” will constitute a serious breach of military discipline—and in extreme circumstances perhaps even “war crimes.” In addition, no one in any civilian agency in the Executive Branch of the General Government will be required to put into effect any of Obama’s purported “proclamations,” “executive orders,” or “directives.”
Sixth, and perhaps most importantly, Congress can pass no law while an usurper pretends to occupy “the Office of President.” The Constitution provides that “[e]very Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States” (Article I, Section 7, Clause 2). Not to an usurper posturing as “the President of the United States,” but to the true and rightful President. If no such true and rightful President occupies the White House, no “Bill” will or can, “before it become a Law, be presented to [him].” If no “Bill” is so presented, no “Bill” will or can become a “Law.” And any purported “Law” that the usurper “approve[s]” and “sign[s],” or that Congress passes over the usurper’s “Objections,” will be a nullity. Thus, if Obama deceitfully “enters office” as an usurper, Congress will be rendered effectively impotent for as long as it acquiesces in his pretenses as “President.”
Seventh, if Obama does become an usurper posturing as “the President,” Congress cannot even impeach him because, not being the actual President, he cannot be “removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors” (see Article II, Section 4). In that case, some other public officials would have to arrest him—with physical force, if he would not go along quietly—in order to prevent him from continuing his imposture. Obviously, this could possibly lead to armed conflicts within the General Government itself, or among the States and the people.
Eighth, even if something approaching civil war did not eventuate from Obama’s hypothetical usurpation, if the Establishment allowed Obama to pretend to be “the President,” and the people acquiesced in that charade, just about everything that was done during his faux “tenure in office” by anyone connected with the Executive Branch of the General Government, and quite a bit done by the Legislative Branch and perhaps the Judicial Branch as well, would be arguably illegitimate and subject to being overturned when a constitutional President was finally installed in office. The potential for chaos, both domestically and internationally, arising out of this systemic uncertainty is breathtaking.
If nothing else I'd recommend reading the entire list of potential consequences, 1-8. Interesting stuff. That would be high comedy - albeit potentially disastrous - indeed.