One might assume that it would pass to Biden but that cannot be so and IMHO, McCain would have to be declared the winner.
“One might assume that it would pass to Biden but that cannot be so and IMHO, McCain would have to be declared the winner.”
Nahh. The election would become null and void and a new election would need to be scheduled. Since Bush’s term would be over, the Speaker of the House would probably assume the role until a new election is held.
How does President Pelosi sound?
My question becomes, if this is the case, would the entire election become null? Senators, Congress and ballot issues? One can se the anti-prop 8 loonies crying for this.
Should the zero become ineligible to be POTUS "one might assume" that there will be CW-ll.
Pass the ammo
And Alaska may yet lose a Governor!!!
I agree that it wouldn’t be passed to Biden. His nomination would have to be rendered invalid as his candidacy was based on a lie.
IMHO
The dems would need another primary and new general election since Hillary can claim she would have been nominated
SCOTUS should schedule another date for a new election
RE “McCain would have to be declared the winner.”
This imaginary situation would not help republicans and would hurt them even more than 2006-2008 did with GWB/McCain. Fellow Freepers would be very unhappy with the effects of this.
But it wont happen, the supreme court would refuse the case not wanting to start another civil war. I can hear it now: “Mccain was ‘Selected’ not ‘elected’”, Wait, I heard this for eight years! LOL .
Per Congressman Billy Bob if he were declared inelgible before the Electoral College votes Dec. 15th, the electoral college could elect anybody they want. It would probably be
Hillary or Biden, it would not be McCain as most of the electors are Dems.
If it became known he was inelgible after he were sworn in and removed (Fat chance of our Congress doing that) Biden would become President.
I am not sure what would happen if the Supreme Court declared him inelgible after the Electoral College met but before he is sworn in.
What say you Billy Bob? I hope I got this right.
Nope. Biden almost undoubtably, either directly or by vote in the House.
McCain lost. Nothing can change that, so people will just have to get over it. It's a Democratic House and Senate, and the Democrats won the election. Be it Obama or someone else, the next president will be a Democrat.
Amendment 20 Section 3 http://caselaw.lp.findlaw.com/data/constitution/amendment20/
No, new elections would be the only way to go.
Won’t ever happen. If the Supreme Court rules obama ineligible [which I doubt] it will go to the House.
Wrong. On to the house of Representatives to select a qualified President.
Nope it would go the Bella Polosi! IMHO
Okay...
In November, the citizens (and I am sure a few illegal aliens) did not vote for the president. We do not vote for presidents. Instead we voted for electors. The US Constitution directs that electors will be selected as the state’s legislatures’ decide. All states now choose electors via popular vote because the legislatures in the various states have decided this is the method they wanted to use to select the electors.
When we cast our votes, we are actually casting our votes for a slate of electors, chosen by the party of the candidate that we “voted” for.
Obama has not yet been elected president. Only the electors loyal to him have been selected. Obama is not president, or even president elect yet. He can be president elect until he is elected in mid December.
In Dec (on the 15th) the electors cast their votes. The votes are sealed and deliver to the President of the Senate by 24 Dec and counted by a joint session of Congress on the 6th of Jan (the 8th this election for some reason). Everyone knows who is going to win because the electors selected by the parties are extreme party loyalists.
If Obama is declared ineligible before the electors cast their votes, then the electors could simply not vote for him. Since the majority of electors are democRAT loyalists, it is extremely unlikely they would say, “Hey lets vote for the republican.” That ain’t gonna happen.
Instead, the electors would likely vote for either Biden (God help us) or Hillary. They are not bound by law (except in a few states) to vote for the popular vote winner in their state. They can legally vote for whom they want, but being party loyalists, they are not going to vote for the opposition.
If Obama is declared ineligible after the 15th of Dec, then it is likely the electorial college would have to meet again to re-vote, but their will not be another national election. The national election was to choose the Electoral College which has been done.
If Obama is ineligible and the Electoral College has not chosen a president, Biden would act as President until a President was qualified.
The 20th amendment details the issues if Obama is “elected” by the electoral college but cannot take the oath.
If he is ineligible and he has already been sworn in, he would be removed and Biden would ascend to the presidency.
McCain lost this election and will not be president.
Your opinion happens to follow the Constitution. The only way Biden could become pres is if Barry croaked prior to taking office or the Electoral College decides that BO is ineligible at which point they could vote for Biden. But after the votes are cast BO ineligibility means McCain is president since the House can only choose among the top three EV getters.
20th Amendment, section 3:
...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.
**McCain would have to be declared the winner.**
I agree. Wouldn’t that be a scramble to put everything together in less than 1 1/2 months.
Lively discussion, glad it’s getting some attention. Amendment XX, Sec. 3 addresses certain situations in which a president elect is unable to assume office. It doesn’t refer to this case/situation specifically, but does suggest an order of succession (the VP elect) “if the President elect shall have failed to qualify” (presuming ‘to qualify’ here could easily include failing eligibility) and “act as President until a President shall have qualified”, in a sentence covering a pre-inaugural time frame.
Nope. Not how it works. If Obama takes the oath of office and is declared ineligible then the VP takes over until the election itself can ber certified. If that is ruled invalid, say hello to Madam President Pelosi. Poor Hillary is in the line of succession but just a little bit further down at #4. The Line goes thusly:
Vice Pres., Speaker of the House, President Pro Tempore of the Senate, Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture and Secretary of Commerce round out the top ten but there are seven below these. In no case does the opposition in the election play a role.