[gogeo]

Okay...he was nominated as the Repub candidate for President in 2008.

At what point would your...theory...become operative?

[GregNH]

What we have here are two private organizations, the RNC and the DNC, whom make their own rules. They can nominate whomever they wish. It is the 20th amendment that is to prevent an ineligible candidate from being installed as the President. The 20th reads in part;

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.