From: Brett Paatsch (bpaatsch@bigpond.net.au)
Date: Thu Aug 07 2003 - 02:56:17 MDT
Robert J. Bradbury <bradbury@aeiveos.com> write:
>
> Well, the East Coast (U.S.) people may have seen
> this already, but I just saw it on the Tonight Show
> on the West Coast -- Arnold S. has announced that
> he *will* run to be the governor of California during
> the recall election.
>
> Now this may make politics interesting enough again
> to actually get people involved. Boy, one can
> imagine some interesting commercials for this
> campaign (e.g. "The Terminator" will terminate
> politics as it has become, etc.).
>
> Can someone who knows more constitutional law
> than I answer the question of whether or not Arnold
> can become president (given that he was born
> outside of the U.S.)? [Thanks.]
Well I know enough to do a sort of google then run a
find on "born" anyway ;-)
The Constitution of the United States of America.
http://www.law.cornell.edu/constitution/constitution.overview.html
Under Article II [The Presidency]
Section 1 [Election, Installation, Removal]
"No person except a natural born citizen, or a citizen of the
United States, at the time of the adoption of this Constitution,
shall be eligible to the office of President; neither shall any
person be eligible to that office who shall not have attained
to the age of thirty five years, and been fourteen Years a
resident within the United States."
So on my reading, (and contrary to what I thought I knew),
if Arnie is a US citizen and has been a resident for 14 years
he is not precluded.
-----
[And as a *complete* aside :-)
Section 2[Impeachnent] includes the following
'Before he enter on the execution of his office, he shall take
the following oath or affirmation:--"I do solemnly swear
(or affirm) that I will faithfully execute the office of President
of the United States, and will to the best of my ability,
preserve, protect and defend the Constitution of the
United States."
- "To the best of my ability" seems to be a pivotal phrase.
Some *are* more "able" than others.
Yet there is also the following to consider:
"In case of the removal of the President from office, or
of his death, resignation, or inability (sic) to discharge the
powers and duties of the said office, the same shall devolve
on the Vice President, and the Congress may by law
provide for the case of removal, death, resignation or
inability, both of the President and Vice President,
declaring what officer shall then act as President, and
such officer shall act accordingly, until the disability be
removed, or a President shall be elected."
So it seems the Congress could impeach a president
and remove him (for gross incompetence). Although
such would be a pretty unlikely for (just say) a
republican congress given (just say) a republican
president. ;-)
Diversion over - sorry about that]
Regards,
Brett
[Who is now contemplating not just Arnie in the White
House but heck why not Jerry Springer?
NB: My political opinions are *entirely* my own and I
DO NOT speak for ExI ]
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