Amendment XX, Section 3 of the U.S. Constitution covers this situation.
". . . if the President elect shall have failed to qualify [before the time fixed for the beginning of his term] 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."
The interesting language to me is, "the Vice President elect shall act as President until a President shall have qualified." How can a third person (who is qualified to be POTUS) qualify unless there is a new election?
The language states that the VP acts as President until "a" President qualifies. It does not state that the VP will become President, only that the VP will act as POTUS temporarily.
I would be all for an election redo. I have been saying for months that the two leading candidates could not possibly be the best the USA has to offer.
Unfortunately, the sad reality is that the rule of law no longer applies.
Thank you so much for answering my question in detail. The answer according to the Constitution is that Joe Biden would become our next president should it be proven that BHO was born in a foreign country. BHO would be forced to resign the presidency if this determination is made after he takes office. Next question: What if he refused to resign? One thing is certain: Given the make up of the current Congress as well as the in-coming Congress, we would never be able to obtain impeachment articles or a trial in the Senate.