Who is the “legal” President anyway???

Television, Movies Games and Books BSG-2003
#1

Now I will be the first person to back the legitimacy of the original Roslin Administration. She was in the line of succession for the office, and as far as we know there were no other surviving members of the Cabinet. You can add, given that she convinced the then Commander Adama of this gives her even more legitimacy as President, even if on paper that didn’t matter.

Baltar’s Administration before the Cylon occupation also was legitimate. Roslin finished out her term that she assumed from the late President Adar, and Baltar won based under the Colonial law. Then the Cylons came and everything went wacko. However, even thought the government functioned in name only, in still was functional on at least that level.

Then Baltar was declared dead and Vice President Zarek became the “Legal” President and we all know what happened after that. However Baltar wasn’t dead. If say Air Force One would crash and President Barrack Obama would be declared legally dead, Joe Biden would be sworn in. So what happens a month later when Barrack Obama walks very much alive out of the hills???

Simple, he would still be the President given that Biden would have been sworn in under a false pretense. So, once Baltar was found very much alive, and once he was found not guilty in his trial; is he then not the “Legal” President.

I posed on this before, if I recall correctly it was back before the forum was even created, back when it was just the blog. But given the events happening I thought I should bring this issue back up for pondering.

#2

Baltar surrendered and signed death orders to allow Cylons seize and kill the civilians. Even though he was found not guilty of treason, that was because Apollo’s speech told everyone under the circumstance Baltar’s surrender wasn’t really treason if everyone else’s action were already forgiven. It didn’t invalid the fact that Baltar signed death orders to allow Cylons seize and kill the civilians, which included his own vice-president Zerek.

While Baltar didn’t commit treason, I don’t think that he should be rewarded office. His office was no longer legitimate, probably at the point when he ordered the murder of his vice-president.

By reinstating Zerek, they already abandoned the entire command structure on New Caprica. Because after Zerek’s arrest, either they didn’t bother to fill the vice-president position, or that position was filled by Gaeta.

In the latter case, Gaeta should have been the next president. Anyway, at this point, what they should have done is a re-election. Because no one clearly is the legitimate president after the exodus.

However, for the Roslin, Zerek back-room deal to be recognized, the Quorum had to approve it. Therefore Roslin after the Quorum’s approval should be the legitimate president. Since she isn’t dead, she still should be, even if she is in hiding.

#3

Yup. I think Roslin is the legit president because the Quorum approved of her appointment which was done by the legal president at the time . She may not be the elected official but i think she is legitimate and legal.

#4

Once Zarek was sworn in… he’s the president. That is how it works legaly here. The Swearing in trumps all logical reasons and instances. In teh Air Force One argument… a sworn in president is the president. In reality it wouldn’t happen and surely the VP wouls step down. But by the law… they wouldn’t have to. And there is no legal mechinism to give the office back, short of haveing the former POTUS become the VP. THe current POTUS step down and be reapointed VP ( all of this with Senete Confirmations of course)

This was adressed when the issue of Obama’s swearing in happened. That in theory… Obama not haveing the oath, word for word correctly made Bush , still technicaly, the POTUS. Presidential scholors have taken the swearing in as a very serious thing. Now Bush wouldn’t challenge it… and the country acted accordningly, but the next day BO was re- sworn in.

So everything that has happened since then would stand.

A good argument can be made that if the Qurom and VP have NO contact with the president… she could be impeached and Zarek takes over. He of course was in temporarry control in her absense. I don’t know why Lee was in charge at all, given that they had a vp… oh yeah, I do. The writers said so.

#5

It was the ceremonial swearing in that was botched. The President is normally sworn in before the formal pageantry for the avoidance of doubt. I’d be surprised if President Obama did not do that.

#6

It’s never been tested, but the 20th Ammendment moved the date, and didn’t mention the oath. Technically, Obama would have become president at noon on that day even if he was in a drunken stupor in a gin mill in Chicago.

I hadn’t heard that, but it was certainly not done in this case (it’d be an excellent practice, though.) Stevens did a White House “by the numbers” swearing in the next day, mostly to shut up the wing nuts.

#7

The swearing in is just a show. the real mechanism that makes one president is the election and the confirmation. So to say one isn’t president because no one saw him swear in is pretty pointless. say in a crisis situation, if the president didn’t make it, his VP takes office and had oath but not in public, he’d still be the president regardless.

as for Roslin not being present, therefore the Quorum can impeach her, I highly doubt that too. The president is sick. Even though her absence was due to the fact that she wanted to hide, she is still a terminal cancer patient who gave up treatment.

In the US there had been sick presidents before. And there were president who died in office because they were sick before. They didn’t get removed from office just because they were unable to attend meetings. They stayed president until they died.

If the Quorum impeached her and replaced her with Zerek, I think that’s be going a little too far. And that’s probably why the mutiny is claiming that Roslin is a dictator instead of a lazy president.

#8

after extensive consultations with my all-star legal team its…

#9

[SPOILER]Well, it certainly isn’t Tom “Bloodbath” Zarek anymore.[/SPOILER]

#10

LOL!!! HAHAHAHAH!!! Yeah I am done with him.