by Dr. Edwin Vieira, Jr., Ph.D., J.D.
June 23, 2013
NewsWithViews.com

Recently, Mr. J.B. Williams published a commentary on NewsWithViews entitled “Can Obama Be Impeached?” Normally, I would not interject myself into matters other commentators address; but, in this case, Mr. Williams saw fit to refer to me by name, which prompts this response.

Mr. Williams’ contention is “that [Barack] Obama can only be removed from [the] office [of President of the United States] via impeachment”. Mr. Williams concedes that this position is controversial. But then he opines that “[w]ho is right in the debate [about whether Mr. Obama can be impeached] is much less important than reaching an actionable position of agreement. The endless debate on the subject only leaves all concerned citizens paralyzed by confusion and lack of coherent direction in how to solve the crisis.” Confronted by this rather amazing assertion, one is compelled to ask whether “concerned citizens” should ever agree to do what is (or at least may very well be) wrong simply because they experience difficulty in determining what is right? Can what is wrong become right because of some arbitrary agreement induced by sloth? Would not determining what is right terminate “endless debate” and remove the present “confusion and lack of coherent direction in how to solve the crisis”? But these questions answer themselves.

1. The first step in determining what is right in this case is to define the problem accurately. Mr. Williams says that he “agree[s] with the claim that Barack Hussein Obama (aka Barry Soetoro) gained access to the Office of President via massive fraud, including identity fraud, campaign finance fraud, just for starters”. That, however, is not really “the claim” at issue here. The actual charge is that, although Mr. Obama may have succeeded in gaining physical access to the office-space a legitimate President of the United States occupies in the White House, he never acquired legal access to “the Office of President”, because, not being “a natural born Citizen”, he was never constitutionally eligible, and is not now eligible, for that “Office”. For Article II, Section 1, Clause 4 of the Constitution declares (in pertinent part) that “[n]o Person except a natural born Citizen * * * shall be eligible to the Office of President”. If words have any meaning, a “Person” whom the supreme law of the land declares not to be “eligible to the Office of President” can never “gain access to” that “Office” in the sense of legally holding it or asserting any claim to it. The question then becomes, can an individual who is not legally in that “Office” at all, because he is and always has been ineligible for it, be removed by impeachment and conviction from his non-existent position? (I shall leave aside whether Mr. Obama is actually not “a natural born Citizen”. If he were, he could and should establish that fact, which for some unfathomable reason he has so far refused to substantiate in any satisfactory manner. In the absence of proof on that score from the party in the best position to provide such proof, for the purposes of this commentary I shall assume to be valid the assertion that Mr. Obama is not “a natural born Citizen”.)

2. In support of his position, Mr. Williams marshals some quotations from James Madison, Alexander Hamilton, and Joseph Story. These, however, are quite beside the point, because each of them assumes that the party subject to impeachment is in fact and law actually the President or some other officer of the United States. Not one of them addresses the situation in which some individual, although wholly “[in]eligible to the Office of President”, nonetheless pretends to hold that “Office”.

3. Analysis must begin (and, as will become apparent, also end) with the actual pertinent words of the Constitution material to impeachment and related matters:

Article II, Section 1, Clause 4. No Person except a natural born Citizen * * * shall be eligible to the Office of President * * * .

Article II, Section 1, Clause 7. 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.”

Article II, Section 4. The President * * * shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article I, Section 3, Clause 7. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Article II, Section 1, Clause 5. In Case of the Removal of the President from Office * * * the Same shall devolve on the Vice President * * * .

Continue reading Dr. Viera’s “THOUGHT MUST PRECEDE ACTION” by clicking http://www.newswithviews.com/Vieira/edwin255.htm