Can you imagine it, Obama wins the presidency before the suit is heard and tried, the trial comes, the court sides with Berg and demands proof of Obama’s claim’s to be a naturalized US citizen. Obama challenges the decision, an Appeals Court hears the case and refuses to overturn the lower court’s ruling. Obama then quickly appeals to the SCOTUS, the trial is expedited, and the ruling is 6 to 3 (I think Breyer would side with the majority) that Obama must prove his claims. Obama presents completely fraudulent docs, his election is nullified and Biden becomes president, or does he? Would Biden assume the presidency, I don’t know Constitutional law.
Hey Moose, I can do you one better.
Let say there’s a tie in the electoral college (269-269) and Obama gets the Prez, but the senate (via tie breaker) taps SARAH for the Veep.
Obama loses his case in the courts, gets rejected, boards the executive helicopter, gives the “defiant fist” and SARAH takes over!!!
How deliciously ironic....would make a great novel at least.
If your amazing tale comes to pass then Biden would be the president and would appoint a vice-president with the approval of both houses of Congress.
***Would Biden assume the presidency, I don’t know Constitutional law.***
Don’t worry, Obama doesn’t either.
No Clinton would be President because she came in 2nd in the Dem primary...
I honestly don’t believe that the Constitution was designed to ever deal with a quagmire situation like that. It very specifically lays out the qualifications to run for office, and the writers of the Constitution very likely assumed that potential candidates would have the integrity to prove their eligibility and that this would be verified before the candidate could even begin campaigning.
The Founding Fathers must be spinning in their graves right now.
If he takes the Oath of Office and is found to have been elected illegally I am not really sure if he is automatically removed or whether he would need to be impeached and convicted by the Senate to be removed from office. Either way, Biden would then become President.
Naturalized isn't enough, the Constitution specifies one must be a "natural-born" citizen.
If it happened before the Electoral College voted, they could vote for someone else entirely. With how it's done now I believe, but am not certain, they could not vote for Biden as POTUS. Another candidate would have to be chosen much like happened when Horace Greeley died and his electors split votes among different candidates. It didn't matter since Greeley was the loser. This year, however, it could matter. We could end up with Hillary installed as President.
If it happened after they voted and before the inauguration, the House could decide who should be president but they are limited to only the top 3 electoral vote getters. With Obama disqualified, McCain would surely be president and likely stuck with Biden as his VP.
Unless Obama has been sworn in I can’t see any result other than his disqualification. Which would mean the winner is the one with the next highest vote totals, Bob Barr.