The 2008 election outcome would be invalid...
The usual line of succession would not apply...
Either McCain/Palin would win by defaqult or a whole new election would have to be held...
McCain/Palin V Clinton/Whomever
There is no constitutional provision for “invalidating” an election.
At best, you spark an argument over whether the electoral college is the sole arbitor of the constitutional qualifications of those it elects, or if the president can in fact be removed if we find he does not meet the constitutional qualifications.
If he can be removed, then the question is by what mechanism. The only mechanisms for removing a president mentioned in the Constitution are impeachment, or the majority vote of the cabinet. So then you have to decide whether Obama needs to be “removed”, in which case you’d need to follow constitutional removal, or if he never really WAS the President.
Of course, since the electoral college voted him in, and the house agreed with that, you have to decide whether the supreme court has the constitutional right to rule those actions by the electoral college and the house “unconstitutional”, and thereby nullify their votes.
If you do that, you have NOT invalidated the electoral college vote for Biden, or the senate vote to accept the electoral college results, so Biden would become President.
Except for the fact that we have only once before ever even had a question raised about presidential qualifications, it seems it would have been nice if the founders had placed in the constitution a method for handling the case where a sitting office-holder is found to not meet the qualifications.
Of course, it could well be that the founders intended impeachment to handle that case, because they probably could not imagine a majority of elected representatives ever being willing to ignore the constitution in order to keep a member of their party in office.
1. Under no legal standards can I envision a scenario where we would "go back in time" and re-do an election. The results of the 2008 election stand.
2. If it turns out that Obama is ineligible to serve as president, then his ineligibility stands from the moment it is determined. Joe Biden becomes president and he selects a new vice president in a manner similar to the process under which Ford became president in 1974.
>>>The usual line of succession would not apply...
Either McCain/Palin would win by defaqult or a whole new election would have to be held...McCain/Palin V Clinton/Whomever
Of course that opens up a whole other can of worms as to whether John McCain, born on Panamanian soil, is a natural born citizen. While a minority, there are those that say one must be born on US soil to be a NBC. Since NBC is not defined by the Constitution, that question could possibly end up in the hands of the Supreme Court.