Question for the Birthers

[Jamisjockey]

Okay all teasing aside:

Lets say that somehow, it is proven that Obama is ineligble to be President.  Then what?
Does that invalidate the whole election?
Or does Biden become President?



I personally don't think Obama would peacefully step down.  Lawsuits, riots, finger pointing, etc.

[RaspberrySurprise]

Impeachment proceedings being drawn up in the House seems the most likely thing to happen. I doubt he'd be convicted by the Senate, maybe I'm being too pessimistic though.

From a legal point of view I don't know what that would mean for the election results or the validity of any actions Obama has taken such as signing of laws, executive orders, etc. If the Pres. was removed Biden would then be president *shudder* unless the whole election was invalidated.

It's kind of a divide by zero moment if it were to come out that he isn't eligible.

[Gowen]

I guess I'm a Birther since I doubt the fact that obama was born in Hawaii.  I think the only thing that may happen is obama would be ineligible to be reelected.  Too may states would not allow him to run in their state, thus making him unable to win.  Hillery would immediately jump out on the campaign trail, biden would give it a go, but fail.

What would be interesting is to see how much obama has ticked off his fellow democrats and how much they would rally around him, trashing the Constitution in the process.   

[cassandra and sara's daddy]

what kinda voodoo  do the birthers think obama used to make the right lay down?  to silence the carl roves?

[RoadKingLarry]

While I accept that he was born in HI, I have questions about his later citizenship status. Did he attend school as a US citizen or as a foreign student? Why did he travel on a foreign passport before being elected president?

[cassandra and sara's daddy]

While I accept that he was born in HI, I have questions about his later citizenship status. Did he attend school as a US citizen or as a foreign student? Why did he travel on a foreign passport before being elected president?

you see?  those are more valid concerns   but they get buried by the snickers and guffaws the rabid birthers generate

[Hawkmoon]

Lets say that somehow, it is proven that Obama is ineligble to be President.  Then what?
Does that invalidate the whole election?
Or does Biden become President?

Uncharted ground. I seriously doubt that anyone ever anticipated that it could happen.

My view ... as a non-lawyer, strict constructionist: The law establishes who may be president. If Obama is shown to be (and have been) ineligible, then his election is null and void. The Constitution says, "No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."

Regarding the Veep assuming office, the Constitution says, "In case of the removal of the President from office or of his death or resignation, the Vice President shall become President." (25th Amendment)

My argument is akin to the distinction between a divorce and an annulment. If you get a divorce, you were married and now you're not. If you get an annulment ... you were never married because the marriage is voided. If Obama is not eligible to be President, then his election has to be voided. Everything he signed up until that time is invalid. His appointments are invalid. Biden does not become President, because Biden was elected as VP in partnership with a President whose election was invalid. That makes Biden's election also invalid. Even if Biden's election is NOT voided -- you can't "remove" from office someone who was legally never IN office, so the Constitutional provisions for succession cannot apply.

I think the office would have to be vacated and a special election conducted to fill out the term.

[kgbsquirrel]

Biden does not become President, because Biden was elected as VP in partnership with a President whose election was invalid. That makes Biden's election also invalid.

You had it going until this point. President and VP are not elected in tandem. The electoral college casts separate ballots for the offices of President and Vice President. While Obama's election would be nullified, the entirely separate vote for Biden as VP would stand.

Now, whether or not the 25th amendment would provide for Biden to succeed to the office of the President also isn't sure. I say this because the amendment reads "removal of the President from office or of his death or resignation." In the event of the nullification Obama was never voted into office to begin with, therefore he did not resign, die or get removed from the office, as he never held it. In that case it would arguably go to guy with the next highest electoral votes for the Presidential ballot. Imagine that situation, McCain as President, and Biden as Vice President.