President Biden.
What would happen if this came to light after Jan 20th?
President Biden. The 20th Amendment covers it.
I will not argue that you're wrong, but this seems flawed, since Biden was not running as President, hence perhaps McCain would have beaten Biden, had it been him running and not Obama.
I’ve read another take. Since Obama was not eligible to run for POTUS, then the entire ticket is non-eligible. Succession cannot run from someone who is not eligible to be POTUS in the first place to the person who was VP on the same ticket, that reasoning goes.
The take I read was that succession would go to the person who got the next highest number of votes for POTUS, that being McCain.
If the SCOTUS were to rule that even McCain was ineligible because he was born in Colon, Panama and not in the U.S., then what would happen - Pres. Bob Barr. I don’t think so.
In order for the SCOTUS to rule that Obama was ineligible, they would have to rule in a way that would either make Biden legitimate or else make McCain legitimate.
SCOTUS doesn’t want to get into this fight, I’m sure, as they will again be charged with deciding the election.
It is very sticky.
My pocket copy of The Constitution says otherwise.
I’m not sure you’re right if the information comes out before the electoral college votes.
NO NO IT GOES TO THE RUNNER UP....PRESIDENT PALIN
I don’t agree that Biden would become President if Obama were found to be ineligible prior to Jan 20th - he was not elected as President, and has not been sworn into office. Perhaps if Obama is degreed ineligible after Jan 20th he might become the President. I think that it is more likely that there will be a Constitutional crisis as the 20th Amendment does not cover such a situation.