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Reply #95: I'll take the final question.... [View All]

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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 01:14 AM
Response to Reply #90
95. I'll take the final question....
Edited on Fri Dec-05-08 02:05 AM by jberryhill
But all I can say is that the 20th amendment refers to a situation in which a President elect is not qualified. That condition has to go somewhere.

what's your analysis of the congress (certainly the Senate) knowing fully of this general issue, and just saying nothing and then taking advantage of the opportunity to re-decide the election?

If the House and Senate were of a mind to "re-decide the election" on some ground of "qualification", and did so precipitously, then that same House and Senate effect the same result even without being the arbiters of "qualification".

Consider - Let's say that you are absolutely correct, and that Congress assembled, even if intent on a perverse "qualification" objection as mere cover for a legislative coup, did not have the mechanism we are discussing. The same bunch of 538 jokers could simply impeach their way down - "Saturday Night Massacre" style - to whomever they wanted. Right?

So let's agree with everything you've said so far. What is your analysis of the congress taking advantage of impeachment to re-decide the election? Hmmm?

I can't see standing on some general "the people spoke" notion as the bulwark against usurpation of "the people's will" as to the identity of the President by a nefarious House and Senate, when the House and Senate could exercise impeachment.

Your point boils down to, "They can't keep him/her out on January 20th at noon, but can kick him/her out by 1 PM".

You tell me - what happens if Congress impeaches the President before he/she makes it down the street to the White House?

(and granted, we are well into late night silliness here, but I can't see why you want to make such an issue over whether Congress can prevent installation of a President, when the self-same Congress can REMOVE a President)

Or maybe I'm assuming too much, and you don't think impeachment is Constitutional?

(oh, and the freeps have this one covered - the impeachable offense in their "minds" is perjury upon taking the oath of office by a non-qualified President)
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