This could get very ugly. I don’t understand why we are at this point. If Obama were leagally qualified to run and serve as President, all he would need to do is release his Certification of Birth. This should be a no-brainer. Why is he stone-walling UNLESS he was relying on the fact that his mother was a US citizen and he wasn’t aware of the 5 year residency requirement after his birth. I am beginning to believe that he IS NOT a qualified candidate for the office. Why pay for attorneys when all you have to do is produce the certificate. It was also a good move on the part of Hawaii’s governor to seal the certificate so there can be no switching or tampering with it. This helps preserve some chain of custody.
The other issue that I find fascinating is the standing of Joe Biden. Technically, he can’t show a vote total that was cast DIRECTLY for him. All he can show is the total of all votes cast for the “ticket” but an argument can be made that a vote FOR Obama may not be necessarily a vote FOR Biden.
I’m not sure how McCain’s electors could be seated unless you are presenting the argument that they (McCain/Palin) are the only qualified candidates on the ballot. Further, the same problem with Biden’s standing could carry over to Palin.
It could be a VERY LONG TIME before this is resolved, assuming the SCOTUS even hears the case. AND, would there likely be charges filed against Obama for being an unqualified Senator?
I think it is an interesting Constitutional question.
You are right - an amazing Constitutional question. And if SCOTUS ever hears the case, I hope to be there, I live right outside DC (12/1/08 is just the deadline for Obama’s response to Berg’s suit).
If Obama was found ineligible, the next set of eligible electors is for McCain. Presumably, they would vote 538-0.
As for Biden, I think he could make the case for his electors being eligible - but SCOTUS would have to decide. If they were determined eligible, I would assume they would vote Biden VP at the current Electoral College count. The Electoral College votes for POTUS and VP separately (12th Amendment).
If Obama was ineligible and Biden was declared null and void (as a result of the FULL ticket being voided), then the next set of eligible electors is for McCain/Palin. They would be seated and presumably vote 538-0 for both McCain and Palin.