I know there are too many IFS in this question, but does anyone know, because I’m curious, IF Cruz (or Rubio) won the election to become President, and the day after the election or thereabouts, suit was brought claiming ineligibility, which could drag on past the January swearing in, who then would be the President? Would Obama get to stay in until a determination was made, and IF the suit was against Cruz (or Rubio), would the Presidency be awarded, eventually, to the runner up Republican with the highest votes. The worry is who would be President in the inerim? Cruz (or Rubio’s’) V.P. appointee? Or IF Cruz or Rubio was deemed illegal wouldn’t that exclude their choice for V.P. I would like to know what would be the possible scenario on something like this.
Sorry...interim
I know there are too many IFS in this question, but does anyone know, because I’m curious, IF Cruz (or Rubio) won the election to become President, and the day after the election or thereabouts, suit was brought claiming ineligibility, which could drag on past the January swearing in, who then would be the President? Would Obama get to stay in until a determination was made, and IF the suit was against Cruz (or Rubio), would the Presidency be awarded, eventually, to the runner up Republican with the highest votes. The worry is who would be President in the inerim? Cruz (or Rubio’s’) V.P. appointee? Or IF Cruz or Rubio was deemed illegal wouldn’t that exclude their choice for V.P. I would like to know what would be the possible scenario on something like this.
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That is an interesting question. I’m not a lawyer or anything close to being a constitutional scholar, but I will offer this:
The Constitution clearly states that both the President and VP’s term of office are limited to four years, without any exception. Therefore, I would assume that no matter what happens to a President-elect, the former President and VP would still have to vacate their respective office. Even if the President-elect is involved in a court case that has NOT yet been decided by the time of noon on Inauguration Day, he would still likely be sworn into office (being innocent until proven guilty). But, if a case was decided making the voter’s pick ineligible before the President-elect is sworn in, the VP on the victorious ticket would likely be the one sworn into office. The voters after all pick BOTH the President and VP at election time, and I see nothing in the Constitution that would automatically disqualify the VP-elect if the President-elect cannot take office for any reason. And even if both the President-elect and VP-elect could for whatever reason not take the office of President, the Constitution clearly states that the current Speaker of The House of Representatives would be the next successor in line to take that office.