However, if the man who chose you to be his running mate was found to have been elected to the office in violation of Constitutional law, where does that leave you Mr. Biden?
After all, we (well, some of you poor misguided individuals) voted for the two of you as a team running on the same ticket.
So if it is found that the man who picked you to be his running mate did so in direct violation of federal law, doesn’t it follow that you were also elected to the Vice-Presidency under false pretenses?
This is where the writer goes astray. The false pretenses apply to the president. Biden personally fulfills the Constitutional requirements and would become president. To say that Obama's deception would naturally fall on Biden is incorrect. Not that I'd want Biden as president, but there'd be no legal standing to remove him as there is with Obama.
Personally, I “think” the Speaker (God help us) would be POTUS until another election had been held.
But who knows...
Since he was chosen by the non-legitimate candidate, there might be a case; but IIUC, that gives us President Pelosi...what a horror!
At question, is the linkage of the “ticket”. Is it Obama then Biden or is it Obama and Biden. Does “fraud” for one taint the other? Under established contract law and criminal law, the answer would be yes - Biden is also tainted.
On this issue, the Constitution is silent. It is also one of the reasons I would prefer the VP be elected as well.
It depends on how you look at it. One current of thought calls for all illegal actions to be rolled back. That includes orders, bills, appointments, deployments, etc. all the way back to the inauguration. That was also an illegal act the moment he was administered the oath.
If the inauguration did not happen, Biden is not the Vice President and therefore cannot be in the line of succession.
Also, are you sitting down for this one? If the inauguration is ruled illegal, Bush is the president, still in his second term. Boy would that stir the pot wild ;-)