This could cause a Constitutional crisis of unheard of proportions. Technically it is up to the Electoral College to certify that the “president” is qualified to assume the office. According to Article Xll, the electors of the state shall cast their ballot for President and Vice-President and send them to the House where they are counted. The person with the largest total of Electoral votes is the President.
Now, lets look at this scenario. Suppose Obama is found not to be eligible to hold the office of President. Does that automatically make Joe Biden President? Maybe not. All of the popular vote for President and Vice President are made by one vote. You can’t split a vote and have a Democrat President and a Republican Vice-President. But, of all the votes cast, how do we know the voter was actually voting for Joe Biden? The voter wasn’t allowed an option to vote for Obama and not vote for Biden.
If Obama, being a Constitutional lawyer knew he was ineligible to hold the office, the whole election is a fraud. Does this now mean we have a do-over? Can campaign contributors have recourse to have their financial donations returned?
As for the Dems saying Oh well, let’s change the Constitution, it still requires RATIFICATION by a 2/3 majority of the States. What do we do in the meantime?
If you remember, the ERA was proposed as a Constitutional amendment and if memory serves the States only have 2 years to ratify. The clock ran out and so did the Amendment.
Any Constitutional scholars out there care to voice an opinion?
This could get ugly – quickly.
Here’s the full deal for SCOTUS (it is lengthy):
SCOTUS could TOTALLY IGNORE the issue and refuse to hear the case, citing lack of standing, but I think that they won’t. If they ignore this, then they might as well throw the Constitution out the window. It wouldn’t be worth the paper its written on. Anyone could then thumb their nose at the Constitution. I think they have to hear the case and demand the birth certificate.
Assuming Obama is found ineligible:
1. If BEFORE the Electoral College meets, McCain’s electors from all States would be seated (since Obama would not have been qualified) and the vote would be 538-0 (Article II, Section 1, Paragraph 3). This would happen because Obama would not have been qualified to run in the first place. Biden might be VP since the 12th Amendment provides for the separate election of POTUS and the VP. SCOTUS MIGHT rule that Biden’s election was valid. Biden would be eligible and his electors would elect him. Thus, a McCain/Biden term. If SCOTUS ruled the entire Obama/Biden ticket invalid, then Palin would become VP (Article II, Section 1, Paragraph 3 and the 12th Amendment). Palin’s electors from all States would be seated (since the Obama/Biden ticket would not have been qualified) and the vote would be 538-0. Thus, a McCain/Palin term.
2. If AFTER the Electoral College meets and certifies him, but BEFORE inauguration, the 20th Amendment provides that, if before the time fixed for the beginning of his term, the President-Elect shall have failed to qualify, then the Vice President-Elect shall act as President until a President shall have qualified. The same scenario as in (2), above, would then likely apply.
3. If AFTER inauguration, the 25th Amendment would apply and Biden would be President and choose his VP (with Senate confirmation). However, McCain might be able to sue – based on fraud and demand that the scenario provided in (2), above, be applied. Or, barring that, a new election.
4. Of course, SCOTUS could decide to avoid (1), (2), and (3), above, by declaring a fraudulent election and ordering a new one with verified eligible candidates. This would necessitate the implementation of Continuity Of Government laws – allowing Bush to remain POTUS until the election. Probably with the caveat that no new laws be passed in the interim.
There was an earlier thread, IIRC if O gets tossed before Dec 15 (EC vote) then the DNC gets to choose a replacement; if after Dec15 it’s up to congress to do it.
“Suppose Obama is found not to be eligible to hold the office of President. Does that automatically make Joe Biden President?”
Joe Biden and Sarah Palin were not on our ballots in AZ. I specifically looked for this very reason. Only the POTUS candidates were listed, NOT VPs. That’s a good thing. Not sure about other states.