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Can Hillary be President- Legally?

A

Anonymous

Guest
Interesting question I picked off the web...

Homework for the Legal Beagles
Back to reality. If Hillary Clinton wins the primary and election, we will have a constitutional crisis because she is not eligible to be President. Problem? She's a woman. Article II, Section 1 of the constitution starts:

"The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows: ..."

Notice the word "He." Nothing about "He or she." But what about the 19th amendmnent, you ask? It reads in full:

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. Congress shall have power to enforce this article by appropriate legislation.

Not a word about holding public office. Just voting.
 

Steve

Well-known member
I have always been a strong supporter of the Constitution..

and have always felt that amending it or changeing it to confrom to current events is a recipe for later problems...

after reading your post, I would have to say that the amendmnents in an effort to fix a problem long ago, might have created a solution tomorrow.. :lol: :lol: :lol: :lol: :lol: :lol:

But John McCain might not be elgible either...

natural born citizens...

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.

"One side of the argument interprets the Constitution as meaning that a person either is born in the United States or is a naturalized citizen. According to this view, in order to be a "natural born citizen," a person must be born in the United States; otherwise, he is a citizen "by law" and is therefore "naturalized."[5] Current State Department policy reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."


"McCain was born on August 29, 1936, at the Coco Solo Air Base in Panama"
 

Steve

Well-known member
can we also get rid of Nancy...?

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
 

Steve

Well-known member
Legally, a woman can't be elected president

By DICK MARPLE

Go ahead and vote for her - it's legal (2/25/2008)

Most people believe not only that the 19th Amendment permitted women the right to vote but that since women serve in Congress, the courts and other offices of government, the office of president of the United States has been de-genderized.

Not true. This important legal question exists now and has not been constitutionally addressed. The language and syntax of the 19th Amendment merely removed the barriers that prevented women from voting. It did not identify women to be qualified to become elected president.

The language is clear. The 19th Amendment says: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."

We cannot read into the amendment something that is not there. Now, had the amendment said, "The right of citizens of the United States to vote or hold public office shall not be denied," it would have accomplished what the feminists think took place.

The Susan B. Anthony Amendment (as it was then known, because the words were actually drafted by the suffragist in 1875) passed in the House by a vote of 304 to 89. The Senate then passed it, 56 to 25. The text of both the House and Senate deliberately avoided any language that would allow or permit women the right to seek the highest office in the land! It was the considered opinion of senators on both sides of the aisle that if language de-genderized the presidency, the amendment's ratification by the necessary 36 states would be in great doubt.

Today's feminists believe the election process is an evolutionary process, legalized by common practice and that someday a woman will be president. They are convinced that since women have run for the office, the male-gendered presidential office has been neutered .

Not so. They will be challenged, and a Supreme Court ruling on the language will be necessary. At the very least a constitutional amendment to change the language will be required.

English lacks a singular pronoun that can be used to refer to a person regardless of gender,.. but by ignoring the ability to hold office in the 19th amendment means we should as a country... examine if we want to Support our Constitution as written, or current politically correct beliefs..

if the Constitution is accepted as written.. then Not only Hillary can't be the President, but neither can McCain..
 

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