John McCain lost. He lost the election. He didn't get enough votes. There is absolutely nothing in the Constitution or in the law that would suddenly turn him from the loser into the winner. If both Obama and Biden are found ineligible to be president then Pelosi is it.
Uh...think about this for a second, FRiend.
Did Biden run for President? No. He ran for Vice President. And he won that election fair and square. Although I wish that he wouldn't have won, he still did. Nobody is arguing that point.
But the election for Vice President is different than the election for President. They are two different elected offices that are individually elected. According to the 12th Amendment:
The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify…
See, in theory, it might be possible for the electors to actually elect the President from one ticket and the Vice President from the other ticket. (Now, individual state laws might have "faithless elector" laws that would hamper that ability, but the US Constitution allows for that possibility)
Now, the situation that we're talking about here is if Mr. Obama was determined to be ineligible, thus invalidating his inauguration (i.e., saying he was never actually President in the first place), not saying that he would be impeached and removed from office.
There is a big difference between the two cases.
If you are talking about impeachment, then you're absolutely right in saying that the laws of succession defined in the 25th Amendment (In case of the removal of the President from office or of his death or resignation, the Vice President shall become President) apply.
On the other hand, if Obama was proven to be unqualified, he would have never legitimately filled the office in the first place. In other words, the oath was never validly given or received on the 20th of January and that, for all intents, the office has been vacant since that time. In that situation, I would believe that the 20th Amendment would apply:
…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…
Again, remember, Biden didn't run for President.
When an election occurs and the winner of the election is suddenly determined to be unqualified, then there would need to be another one of the candidates for the office elected. Who came in second? McLame (there were other candidates that came in far behind both Zero and McLame).
OTOH, if Obama was legitimately and validly sworn in on the 20th of January, then this thread is invalid.
John McCain lost. He lost the election.
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RINO John McJuan gave up- or most probably never had any intention of winning in the first place.