Resolve this fundamental Constitutional question before January 20
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Joe Biden would not become President, because he would not have already been sworn in as Vice President. McCain did not win enough electoral votes so he would not become President. Congress would appoint a new President.
Read Amendment XX, paragraph 3.
" 3. 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 elect 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.
It is true, that it does not say he shall "become" president, but only that he shall "act as" president until a president qualifies. However, the amendment offers no remedy for naming a qualified president, unless both the president and the vice president do not qualify. Which appears to mean that the "acting" president may continue to do so until someone lawfully qualified is lawfully elected to replace him. It does sound like a recipe for a palace coup, though.
" 3. 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 elect 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.
It is true, that it does not say he shall "become" president, but only that he shall "act as" president until a president qualifies. However, the amendment offers no remedy for naming a qualified president, unless both the president and the vice president do not qualify. Which appears to mean that the "acting" president may continue to do so until there is a lawful election to replace him at the end of his term.
If Biden has not already been sworn-in as VP then Biden cannot become the President. I am basing this on the premise that Obama is found ineligible to be sworn-in as President, and thus Biden also immediately becomes ineligible because the people did not elect him (Biden) as President...Biden just ran as Obama's VP candidate.
Are you kidding? 100,000 people march in the streets, and the mews media doesn't even cover it. A new on-line petition gets signed by 100,000 people every week. That's one American out of 3,000. They could all sit comfortably in a college football sltadium.
If Biden has not already been sworn-in as VP then Biden cannot become the President. I am basing this on the premise that Obama is found ineligible to be sworn-in as President, and thus Biden also immediately becomes ineligible because the people did not elect him (Biden) as President...Biden just ran as Obama's VP candidate.
Read it again
if the President elect shall have failed to qualify, then the Vice President ELECT shall act as President
That would be Joe Biden. Biden ran as THE VP candidate, and won, and would be sworn in. And then serve as president as long as the office of president is vacant. It woujld be Obama who is unqualified, not Biden, so there is no impediment to Biden being sworn in. Which, in fact, if I remember correctly, would be moments before the president is sworn in in any case. Tdchnically, every Vice President has been acting President for a few seconds, while awaiting the swearing of his president.
Are you kidding? 100,000 people march in the streets, and the mews media doesn't even cover it. A new on-line petition gets signed by 100,000 people every week. That's one American out of 3,000. They could all sit comfortably in a college football sltadium.
The media will eventually pick up on it. Just wait!!!
Only John McCain, Joe Biden, or others in the line of succession would be found to have "standing" to bring such a suit in the first place. And if it were brought by one of those people, it would almost certainly be passed over by the Supreme Court because of the "political question doctrine" - which would more or less refer it back to the Congress.
So, I don't see how this is a live issue.
Any citizen of the United States has the right to ask that the constitutional law be upheld. I have received e-mails with hundreds of signatures asking for a review of this. Yes, congress should be concerned and should have been concerned before the election. His own party is the one responsible. Do you think they will smack themselves on the hand for the mess. I doubt it.
It should be very simple and I don't know why he has not given proof of his natural born status. The laws are very complicated and it is not just as simple as his being a citizen. Since I am not a lawyer, I will not go beyond that. Congress needs to put a stop to all the doubt. I think that is the least of their responsibility.
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