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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.

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.

This exact case is covered under the 20th Amendment. If Obama is not eligible, Biden becomes acting president. The 25th covers the case after Obama is sworn in and removed. What is not covered is the case where he is sworn in, found to be ineligible and the Congress will not remove him.

Amendment 20 - Presidential, Congressional Terms <> 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day. 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

If the President elect fails to qualify, then the VP elect only serves as Acting President, until the House can qualify another President. However they are restricted to considering only who got electoral votes, and even then only the top 3. That means, unless at least one Dem elector goes "rogue" and votes for someone other than The One, their only choice would be McCain. However, I expect their will be at least one rogue elector, but who they might vote for is certainly a mystery. Maybe Hillary, maybe Gore. Hopefully they will check to be sure that person is a Natural Born citizen.

Of course someone like The Messiah, may have been the only one amoung all the Dim candidates that could have beaten McCain, and that took a market meltdown to accomplish. If Obama was not eligible to the office, then the whole election was a fraud. Unfortunately the Constitution makes no provision for what do about a fraudulent election. We did not really vote for McCain or Obama, we voted for electors. In some states they were electors for those individuals, in others they were electors for their party (California for example). So technically, I suppose the fact that the Party's candidate was not eligible doesn't invalidate their selection. But it certainly won't feel that way in my guts if Obama is proved to not be eligible. I don't imagine Hillary will be real happy about it either, unless she is the "Democratic (party) consensus" replacement on the ticket, or the one the rogue elector(s) vote for.

You'll have to point out where the Constitution says that.

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.

Impossible. McCain lost the election. Nothing in the Constitution changes that.

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.

Biden is legitimate, as is McCain. Regardless of Donofrio thinks.