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To: Bringbackthedraft

I don’t think Biden automatically becomes the President. He serves as acting President if the existing President is found ineligible.

Then a new President is chosen.

From the 20th Amendment:

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.

I think the case may be made that if Zero was NEVER qualified to serve,it was as if the President did not qualify by the beginning of his appointed time to begin serving as President, and the Congress will have to determine how a new President will be deemed to be qualified to serve.


32 posted on 05/06/2009 8:14:58 PM PDT by exit82 (The Obama Cabinet: There was more brainpower on Gilligan's Island.)
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To: exit82
You've given me something to think about here. I was of the mind that the 25th would be the controlling law but you are correct that a very good case can be made that “Zero was NEVER qualified to serve” and, therefor, relief should be via the 20th.
151 posted on 05/07/2009 3:13:24 AM PDT by VRWCtaz (Tagline error - please hold)
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