What Happens If Obama Is Not Eligible?
J.J. Jackson | November 28, 2008
A lot of readers are asking what happens if it turns out that Barack Obama is indeed not really a natural born citizen of the United States as is required for him to be eligible for the presidency.Â Many of you are thinking that this will mean that McCain will become the President by default but I do not think that this is true.
Based on the wording of the Constitution, Joe Biden would become President.
Article II, Section 1
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.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
If you read this entire section it clearly says that if the person elected president is not eligible or is removed from office because he isÂ otherwise unable to serve, the duties fall to the vice-president who, in the old days was the person that received the second highest number of electoral votes but today receives the same number as the person elected president because they run as a unified ticket.
<modquote>And also Amendment XX states:
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. *see mod note below</modquote>
Sorry to dash your hopes.
*Mod note: Mr. Jackson accidentally used the modquote feature to encase part of his post which made it invisible to users without moderator credentials.Â I have edited this to make it visible.
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