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The seven illegal Presidents of the US

  1. Jan 13, 2004 #1

    GENIERE

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    Ohio was admitted into the Union as a state in 1803. Or was it? It seems a small technicality was omitted, that being the necessary passage of a resolution by congress, since corrected in 1953. It was made retroactive to 1803 in violation of another constitutional caveat…”Congress shall make no ex post facto law”.

    It is required that a president be a citizen of the US. These presidents, all from Ohio, served illegally: Taft, Grant, Hayes, Garfield, B. Harrison, McKinley, and Harding. All laws enacted and hence signed by them are therefore invalid.

    This is obviously a tongue in cheek post, but it does present an interesting argument about the legality of the 16th Amendment, the dreaded income tax.

    As an amendment must be ratified by the individual states, Ohio was one of the ratifying states.

    The obvious conclusion is???
     
  2. jcsd
  3. Jan 13, 2004 #2
    http://www.straightdope.com/classics/a5_127.html

    The ban on ex post facto laws refers only to criminal matters. Case law, 1798. Ohio's retroactive admission to the union was OK.

    Persons born in U.S. territories--not just in states--are U.S. citizens. (For example, Puerto Rico.) So Taft was a natural-born citizen and could legally serve as president.

    Even if he wasn't, so what? Presidents don't introduce constitutional amendments; members of Congress do.

    Ohio was a state even without the 1953 resolution. The statehood admission process was somewhat casual in 1803; it required no formal resolution of admission.
     
  4. Jan 14, 2004 #3

    Ivan Seeking

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    From a US Constitution site:
    From Findlaw:
    http://caselaw.lp.findlaw.com/data/constitution/article01/53.html


    I would say that Straightdope has it right.
     
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