Again, you fail to grasp the law and the concept of “original intent”.
I you bothered to read my previous posts with care, I said that I thought that Biden could make a case for his eligibility and his subsequent election.
The 20th Amendment provides that the Vice President Elect shall act as the caretaker President until a new President qualifies.
Presumptively, and based on “original intent”, Obama would be disqualified based on Article II, Section 1, Paragraph 5.
Presumptively, and based on “original intent” ALL of his popular votes would necessarily be null and void since Obama did NOT participate in the election.
The election would then be based on the remaining candidates in the pool. All of McCain’s electors would then be seated since he had the highest number of qualified votes in each state.
I get the feeling that you DON’T want to accept this premise - for reasons, I know not why.
I agree, this WHOLE situation sucks. I can accept Obama, but ONLY if he won fair and square. If not - he needs to go.
Think of it as an ineligible athlete winning a Gold Medal at the Olympics (like underage Chinese gymnasts?). If proved ineligible, they don’t keep their medal simply because the judges (in our case, the voters) gave him or her the highest score.
That section of the Constitution says that a President would be picked. I don't remember if it says how.
And I'm half asleep. I gotta go.
The 20th Amendment doesn't kick in until after December 15th, if not January 6th. There ISN'T a President-Elect OR Vice President-Elect UNTIL THEN.
Referring right now to either Obama/Biden as the "elect" is a misnomer. They are NOT the 'elect' until the ELECTORS CHOOSE THEM in December.
Should Obama be disqualified PRIOR to December 15th or Congress approves their decision on January 6th, it doesn't go to the 20th Amendment as there is NO President or VP-Elect until then.