[thatdewd]

This ain't just noise, people. Tommorrow is the deadline set by the Supreme Court of the United States for Obama and the DNC to formally respond to Berg's request for a hearing regarding Obama's eligibility to be POTUS. Also, all 9 Supreme Court Justices will meet in private conference on December 5th to decide whether or not to hear yet another case about Obama's eligibility to be POTUS. I'm sure everyone's heard all about it on the "news". Ha.

Constitutionally, IF it is revealed before December 15 (when the Electors actually vote and choose a President-Elect) that he is not eligible to be POTUS, then the Electoral College must choose from the remaining candidates for the Office of President. So it would be between Nader, McCain, and Barr.

[ml/nj]

Constitutionally, IF it is revealed before December 15 (when the Electors actually vote and choose a President-Elect) that he is not eligible to be POTUS, then the Electoral College must choose from the remaining candidates for the Office of President. So it would be between Nader, McCain, and Barr.

Uh, no.

The electors can vote for whomever they wish. They can even vote for someone who is not eligible. You might notice that the 20th Amendment to the US Constitution considers exactly this possibility.

If Obama were somehow exposed and forced to withdraw between now and the time the electors cast their ballots, my guess is that the Democratic Party would decide whom their electors should vote for along the lines of whatever rules they have for their candidate becoming incapacitated between the general election and the vote of the electors.

ML/NJ

[Windflier]

Constitutionally, IF it is revealed before December 15 (when the Electors actually vote and choose a President-Elect) that he is not eligible to be POTUS, then the Electoral College must choose from the remaining candidates for the Office of President. So it would be between Nader, McCain, and Barr.

It's gonna get even muddier than that. Donofrio's suit alleges that neither McCain or Obama are eligible for POTUS.

[rodguy911]

Wow,interesting stuff! I thought the job automatically went to Biden?

[El Gato]

So it would be between Nader, McCain, and Barr.

That's not true, the electors can vote for whomever they choose, given that the candidate they are pledged to is found to not be able to serve. However if it were, I'd go with Barr, as the much less divisive choice. A compromise candidate as it where. He's qualified, and he's strongly pro second amendment rights, and anti big government, but the "other side" gets "anti-Bush".

[Non-Sequitur]

Constitutionally, IF it is revealed before December 15 (when the Electors actually vote and choose a President-Elect) that he is not eligible to be POTUS, then the Electoral College must choose from the remaining candidates for the Office of President. So it would be between Nader, McCain, and Barr.

Nonsense. In the first place at least 24 states have Faithless Elector Laws requiring the electors to vote for the candidate they were selected to represent. Second, there is nothing in the 12th Amendment that says the Electoral College has to vote for a qualified candidate. The 12th Amendment kicks in when one candidate does not have a majority of the electoral votes. That is not the situation here, Obama has well over half the total votes. The relevant amendment if Obama is shown to be ineligible to be president is the 20th.

[real_patriotic_american]

Tomorrow is Obama’s deadline. If he doesn’t answer the Writ, the “Conference” of the Justices on December 5 will be very interesting.

If they rule that Obama is ineligible before the Electoral College meets, it would be as though he didn’t run at all and McCain would be awarded the Presidency 538 - 0 (since he had the next most votes).

http://www.rallycongress.com/constitutional-qualification/1244