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To: Non-Sequitur
Non-Sequitur said: "Even if Obama was found to be ineligible that doesn't mean Biden was. "

Under the original rules for the Presidential election, the Vice-President was the runner-up. Those rules are different now and would need studying.

But if Obama was not eligible on the date when a new administration was to take office, then my guess is that George W. Bush would still be President until such time as a replacement can be elected and take office.

I think there are plenty of complications to consider.

355 posted on 04/10/2010 2:02:16 PM PDT by William Tell
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To: William Tell
But if Obama was not eligible on the date when a new administration was to take office, then my guess is that George W. Bush would still be President until such time as a replacement can be elected and take office.

And what clause of the Constitution do you base that on?

363 posted on 04/10/2010 2:32:40 PM PDT by Non-Sequitur
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To: William Tell
But if Obama was not eligible on the date when a new administration was to take office, then my guess is that George W. Bush would still be President until such time as a replacement can be elected and take office.

No read the 12th and 20th amendments.

From the 12th

...The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. — The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

IMHO, they have to have meant eligible persons.

from the 20th

Section. 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.

Keeping in mind that if there is a conflict, the 20th overrides the 12th.

Also indicating that Bush would not still be President also from the 20th amendment

Section. 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.

438 posted on 04/10/2010 9:18:20 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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