“The slate of electors could vote for whomever they wish. Enter Hillary stage right.”
Here are the most likely scenarios:
1. Pre-Electoral College
2. Post-Electoral College, Pre-Inauguration
3. Post-Inauguration
Per the Constitution, each Elector is technically able to cast a vote for anyone they want.
However, under the current system, 24 states have “faithless elector” laws that punish electors for NOT voting for whom they have pledged and SCOTUS has ruled these laws to be legal ... at least on the first ballot.
IMPORTANT POINT: There are 538 + 538 = 1076 possible electors (counting ONLY DEM and GOP in this exercise - there are actually many more).
Obama currently leads something like 350-188. However, if anyone’s electors are DQ’d, they are replaced with the runner-up’s electors.
1. Presumbaly, if SCOTUS DQ’d Obama prior to the Electoral College, his slate of electors would be DQ’d and replaced with the slate of the runner-up (McCain). McCain would be POTUS. (Constitution - Article II, Section 1, Paragraph 3).
SCOTUS would then have to rule if Biden’s electors (the same ones that were DQ’d for Obama) were qualified. They MIGHT do that. If so, Biden would LIKELY be VP. This MIGHT play out since POTUS and VP are voted separately and Biden is qualified to hold office (Constitution - 12th Amendment).
If not, Biden’s electors would be DQ’d (like Obama’s), his slate of electors would be DQ’d and replaced with the slate of the runner-up (Palin). Palin would be VP.
Or, SCOTUS could order a new election.
2. Presumably, if Obama was DQ’d AFTER the Electoral College, Biden would become POTUS-Elect and remain so until a qualifed POTUS could be chosen. If Jan. 20th came and went. Biden would be POTUS - at least for a while. (Constitution - 20th Amendment).
If SCOTUS ruled that the election was null and void, based upon a perpetration of a fraud, scenario #1 (above) would likely come into play.
Or a new election could be ordered.
3. If Obama was sworn in, and then DQ’d, Biden would become POTUS, at least for a while. He would then install his own VP, with Senate confirmation, of course. (Constitution - 25th Amendment).
However, if SCOTUS ruled the election null and void, scenario #1 COULD come into play again.
Or a new election could be ordered.
AND, lets NOT forget Hillary ... She MIGHT be able to get a new election ordered at any time in this process - claiming that her 14th Amendment rights were violated on the basis of fraud. She WOULD have been the DEM nominee, if not for Obama. However, I don’t think this bucket holds water.
All this as an intellectual exercise is absolutely fascinating. I am thrilled that so many scenarios were dreamed up so long ago and prepared for. I love the minds of all the constitutional scholars, professional and amateur, here on FR figuring it all out.
But bottom line, would someone actually dare to run for President while not being qualified? Wouldn’t he know he would be found out at some point, and create some kind of crisis for the country? I suppose sheer hubris could lead someone to believe he would not be caught, but it could be filed under the slogan “Put America Last,” because if Barack Obama did just that, he would cause such upset among everyone, especially all of the people who are so happy now that he’s won the election.
I am troubled that the man would not at this point just release his birth certificate to stop all this talk and these lawsuits. I still think he is probably natural born, but there must be something on that certificate that he would rather we not see.
She and McCain may be the only ones who have standing, i.e., have actually been injured.
Silly rabbit, Trix are for Dems.
They'll raise a battle cry and call it a racist attack against the will of the people and demand that we waive the requirement just this once.
Obammie the Commie will use the waiving of the requirement itself as further proof of a mandate for his communist agenda.