There's no doubt they would make some Democrat President. If there was one to choose from. Biden will likely have gotten no votes for President. If no one but Obama and McCain get any Presidential electoral votes, they will be restricted to voting for McCain, which is why I think there will be at least one "faithless elector", just in case. Of course if McCain were the only one with electoral votes, then one would expect the Democrats to challenge his eligibility. I believe he would be found to be eligible, but if not, we have a mess, since Section 4 of the XXth amendment only covers the death of those from whom Congress may choose President and Vice President.
And point out where the 20th Amendment says that.
believe he would be found to be eligible, but if not, we have a mess, since Section 4 of the XXth amendment only covers the death of those from whom Congress may choose President and Vice President.
We must be thinking of different 20th Amendments. Mine says "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.