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Originally Posted by Ernie S.
Without getting into a discussion about whether or not barack obama was born in Kenya or Hawaii, I'd like to pose a question.
Suppose someone showed up at the Supreme Court with incontrovertible proof that BHO was born in Nairobi. Obviously, he would not be eligible to serve as President, so who takes the big chair?
Joe Biden, it could be argued, couldn't, because, if BHO was ineligible, he was never elected President, hence Biden wasn't elected Vice President
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Not so. In the eyes of the law, the election has happened, and proof of ineligibility at a later date doesn't create a "do over" for the entire election. If Obama were ruled ineligible and subsequently left office, the Constitutional order of succession would apply, and Biden would become President. Biden would then select a new Vice President with the advice and consent of the Senate.
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As an aside, what of the stimulus package and any other legislation? Is it all invalid, seeing it wasn't signed by the President in the required time? Executive orders? How about any pardons he may have granted?
I'd be interested in your feelings.
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The law would treat those actions taken by Obama while he was the sitting President as fully valid. Any legislation he signed would remain in effect.
O'Sullivan Bere covered this extensively in one of his posts here. There's also lots of good info on the internet. In fact, the Slate makes an interesting case that even if Obama were proven ineligible, he might not even be removed from office.
Let's pretend Obama really was born in Kenya. What would happen then? - By Brian Palmer - Slate Magazine
Matt