[Non-Sequitur]

Point of Order: Biden would be Acting President. (Amendment XX, Sec 3)

Point of Order: Biden would be President (Amendment XXV, Section 1).

[savedbygrace]

No, that is irrelevant to the case at hand. If Obama is judged to have failed to qualify, then he was never President, so XXV does not apply. It is illogical to remove from office someone who was never legally in office.

XX Sec 3 applies directly.