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To: BertWheeler
Technically, as Sec of State Hillary is 5th or 6th in line for the presidency.

Irrellevant. If Obama were Considered to have somehow been ineligible, but still Considered to have been President, and then was removed, the 25th amendment provides:

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section. 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Thus Biden would nominate a new VP.

But I don't see how someone not eligible could be considered to *be* President. Thus the "fails to qualify" language of the 20th amendment would control, The VP would act as President until a President could be qualified, (procedure for that is in the 12th amendment) but would revert to his role as VP as soon as a President was qualified.

56 posted on 07/29/2009 10:40:10 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

Cut off the head of the Democrat snake, and the snake will stop dead in
its tracks.

NONE of these people have ANYWHERE near the approval ratings that
Obama had at his peak, and that approval had faded. If Obama goes, please,
Joe, PLEASE appoint Pelosi or Hillary as your VP -- PLEASE!


US Presidential line of succession after Obama

# Office Current Officer
1 Vice President and President of the Senate Joe Biden
2 Speaker of the House of Representatives Nancy Pelosi
3 President pro tempore of the Senate Robert Byrd
4 Secretary of State Hillary Rodham Clinton
5 Secretary of the Treasury Timothy Geithner
6 Secretary of Defense Robert Gates
7 Attorney General Eric Holder
8 Secretary of the Interior Ken Salazar
9 Secretary of Agriculture Tom Vilsack
10 Secretary of Commerce Gary Locke
11 Secretary of Labor Hilda Solis
12 Secretary of Health and Human Services Kathleen Sebelius
13 Secretary of Housing and Urban Development Shaun Donovan
14 Secretary of Transportation Ray LaHood
15 Secretary of Energy Steven Chu
16 Secretary of Education Arne Duncan
17 Secretary of Veterans Affairs Eric Shinseki
18 Secretary of Homeland Security Janet Napolitano

65 posted on 07/30/2009 11:58:53 AM PDT by BP2 (I think, therefore I'm a conservative)
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