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
George Bush couldn't sit back down until an election could be held, because a President can only serve 2 terms.
Hmmmm Nancy Pelosi? frightening as the thought is, in the absence of a President and Vice President, she is next in line.
We are left with one last choice and to me, the proper one: John McCain. He was the eligible candidate with the second highest number of electoral votes. It seems he should get the job.
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.

I suppose you could argue that Obama was never elected president, but the fact remains that he was elected. And sworn in. Just because he was found to be ineligible to act as president (in your hypothetical) doesn't mean he hadn't been sworn in. If he were forced to step down, Biden would step in... at least that's how I see it.

If you somehow could find a way to invalidate the entire Obama/Biden presidency/vice presidency, then the office of president would fall to Pelosi. As you said, she is next in line, and you haven't given any reason for her not to fill the position. You just skip right over her and go straight to McCain, which I find funny. Nice try though.

This is like that old question: If a tree falls in the woods and there was no one there would there be sound? Of course there would be sound. There just wouldn't be an ear there to hear it.

Obama was most assuredly elected president, and Biden along with him as VP. If the scene you describe came to pass, Biden is next in line.

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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.

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

Even though the Vice President is elected on a ticket, I think the electoral college holds a separate vote for VP, based on the same election results. So the VP is legally elected, even if the President is found ineligible at a later date.

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January 21, 2013: The End of an ERROR.

"Only a virtuous people are capable of freedom. As nations become more corrupt and vicious, they have more need of masters."
"When the people find that they can vote themselves money, that will herald the end of the republic."
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Actually, there wouldn't be sound.

The physics of sound require three things: A source, a medium to travel through, and a receiver. Without someone there to hear the falling tree, there can be no sound, as there would be no receiver.

Think of it like the "fire triangle", which requires fuel, heat and oxygen. Take away any one element, and you have no fire.

In the case of sound, take away any one of the required elements, and you have no sound...

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For those who have fought to defend it, freedom has a taste the protected will never know...



If it wasn't for double standards, liberals would have no standards at all...

I'm not really advocating any position, just looking at a hypothetical. It could be argued that the election was valid. It did fulfill all Constitutional requirements for a valid election. The fact that in my scenario obama was an invalid candidate, does not mean that John McCain's candidacy was invalid. Hence an election did take place and McCain received the majority of the votes for a valid candidate.
Then we move to the Electoral college..... They have the final say as to who actually takes the seat. In most states, the electors are bound to cast their votes for the winning candidate in their state.
It's a conundrum, isn't it?

It doesn't work that way. As Matt said, if Obama were found to be ineligible, Biden would be next in line. I can't see any conundrum.

This phony tactic was weighed, measured, and found lacking. Give it a rest.

Biden gets the call.

its two terms but more important ten years on Bush. but he does not come back under any scenario short of coup.

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Socialism doesn't create a rising tide that lifts all boats. It drains the lake and teaches the boat riders not to help themselves by rowing.

Jesus loves you, allah wants you dead

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand

Biden would become President...

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For those who have fought to defend it, freedom has a taste the protected will never know...



If it wasn't for double standards, liberals would have no standards at all...

what about all the friendly forest critters?

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"My country is the world, and my religion is to do good." --Thomas Paine

Not a tactic at all, just something that has been bothering me since the election. I was not trying to start a partisan bitch session, just a logical "what if?"


I don't see Biden as the President here. If obama's candidacy was invalid, by extension, so was Biden's Joe Biden didn't run for President, he achieved Vice President by default when obama won the majority of electoral votes for a hypothetically invalid candidate.
I do see more reason for Pelosi to be President, though it could be argued that McCain was valid and got the most votes cast for a valid candidate.

well you're wrong, ernie.

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"My country is the world, and my religion is to do good." --Thomas Paine

it still makes a sound whether there is anyone/anything there or not.

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Socialism doesn't create a rising tide that lifts all boats. It drains the lake and teaches the boat riders not to help themselves by rowing.

Jesus loves you, allah wants you dead

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand