What happens if it’s proven before January 20th that he isn’t eligible? I don’t think Biden becomes President because the election itself becomes invalid. It’s not like he was impeached or something happened to him.
If before the 20th then the electorial college votes for whoever they want to. IMHO
The most likely scenario, given the short time period until the Electoral College votes in December, is that the EC will vote pretty much according to the Nov 4 votes, making Obama President-elect. Then, if he is disqualified before 1/20/09, Biden becomes the Acting President-elect, and then we move into limbo.
The XX Amendment says the VP-elect becomes the Acting President-elect until a President is qualified, but I don’t think there has ever been any enabling legislation passed that authorizes Congress to qualify a President under those circumstances.
Therefore, I think we would have to endure Biden as Acting President for four years. I’m not sure an Acting President is authorized to select a VP to be voted on by Congress.
It would be a mess, but at least we wouldn’t have 0 in the WH.
OTOH, if the Court decision disqualifying him comes after 1/20/09, there doesn’t appear to be any Constitutional cure other than Impeachment. IMO, the Dims and their PR arm, the MSM, would do their hardest work to convince a majority of the people that it would be better to let 0 serve out one term rather than the upheaval of Impeachment. Would they succeed? I hope not.
But we’re not even close to that scenario yet, and the Court would have to move very quickly to reach a decision before 1/20/09.