What will happen if Obama is not eligible for Presidency?

United States
December 5, 2008 12:29pm CST
Many people are wondering about what the outcome will be on the hearing today as to whether the case will be heard regarding Barack Obama's eligibility of being President. Amendment 20, Section 3 of the United States Constitution states: "...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 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." So, Joe Biden would become president, but if Congress elects to declare he does not qualify then who will become President then? The case is still only being considered and it's being said that it's not likely to be heard. It has already been thrown out once in a lower court and may very well be thrown out for the final time now that it sents with the Supreme Court.
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8 responses
• Alexandria, Virginia
5 Dec 08
vp would become president and there would be a process where a new vp would be appointed Let us see what the Supreme Court will do Hawaii may get that birth certificate out of the safe
• Alexandria, Virginia
5 Dec 08
You are correct Obama has not been sworn in yet and the Electoral College has to cast its votes. However the Constitution clearly states what will happen if Obama is ineligible to take office. I am fairly certain that Obama will be sworn in as acheduled
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5 Dec 08
Actually, Obama isn't president until he is sworn in on Jan, 20th. The electoral college votes on Dec. 15th. Who knows what will happen if the bc shows he is not a natural born citizen. We are in uncharted waters. Personally, I think Obama is being amazingly irresponsible in not producing the vault bc. What happened to his claims of transparency?
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@anniepa (27955)
• United States
5 Dec 08
All I can say is THANK GOD we wouldn't be stuck with Bush while they straighten things out! Annie
• United States
5 Dec 08
Eligible or not I will be surprised if anything is done about this. It would cause too much scandal. The supreme court does not want to displace a president that was elected by a good majority, unconstitutional or not. I would be surprised if they even look into it. they do not to take the chance of opening what could be a can of worms. But in truth they need to just to get it over with. He was born in Hawaii so he is a "natural citizen" as long as the rumors that his mom revoked his citizenship when he was a kid to become indonisan citizens are not true. And then that would not be problem as long as when he came back to america later he got it re-enstated. It definately is a mess with lots of twists and turns. Most people do not travel this much or change citizenships much, then go on to become president so this is a unique situation. But lets play the what if game....lets say they found him uneligible. Well then Biden would become president until we held another election. Which would mean a free for all. you can bet hilary would throw her hat back in the ring and who knows who the republicans would choose. I do not see them trying to run McCain again. Maybe Romney or Huckabee. Then the whole election mess would start all over again. Hopefully it would not take two years. But as I said I do not see that happening. I do not see the court actually taking the case up. Stranger things have happened though. We will have to keep an eye on it.
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• Alexandria, Virginia
5 Dec 08
No there would not be another election. Read your US Constitution
• United States
5 Dec 08
Well said, thank you.
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@twoey68 (13627)
• United States
6 Dec 08
Actually I've been waiting for this to get around to coming up and I'm going to be watching very carefully to see what's done about it. The bottom line is simple...if he had nothing to hide he would just show the birth certificate and be done with it. No big deal...McCain did when his citizenship came into question. I will say that if it turns out that he isn't eligible he has perpetrated a huge fraud on the US ppl...since he is a Constitutional lawyer he knows the requirements for being President. I think if every other President has had to follow the Constitutional requirements there is no reason he shouldn't have to as well. Personally, I don't like him but this isn't about what I like or don't like it's about upholding our Constitution and making sure that he meets the requirements needed to be President. As for who will step in if he isn't qualified I think that Bush would stay in till Jan. 20th and then more than likely McCain would be elected since he is runner up. However...I do hope they'll look into b/c by not looking into it they are saying that our Constitution means nothing. [b]MERRY CHRISTMAS!!! ~~AT PEACE WITHIN~~ **STAND STRONG AND TRUST IN GOD**[/b]
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• United States
6 Dec 08
Your question is valid and your responses are right on target. It appears that we are on the verge of possibly, and I mean possibly, to see a man in the White House who is not all that up front about his entire family history. He is really being made to look untouchable and it might very well be soon that we are going to have to lay off from talking about Mr. Obama who will not actually be the president-elect until the Electoral College meets later this month. They still have to vote for him to become the president. Mr. Obama is most likely to going to be alright when it comes to being elected once and for all. I am not happy about it being a Conservative, yet, we are going to have to grin and bear it when it comes to supporting the President of the United States. Here is the real question: Who would you rather have as president: Mr. Obama or Mr. Biden?
@ganderlot (351)
• United States
5 Dec 08
Personally, I look at it that the people have decided and I don't think the Supreme Court will touch this case. Regards
• United States
5 Dec 08
I hope you are right.
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• United States
5 Dec 08
Oh so am I!
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@BlueGoblin (1829)
• United States
6 Dec 08
What will happen if Obama is not eligible for Presidency? Riots. Mayhem. Destruction. Nothing good. This will set us back years. Blacks will never trust this country again. I wouldn't if I were in their shoes. But I think this is all bull and won't go very far.
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@anniepa (27955)
• United States
8 Dec 08
Well, the Supreme Court has declined to hear this particular case so maybe, just MAYBE this issue can be put to rest!! Annie
• United States
9 Dec 08
Yes indeed, they did rule not to hear it, so that should be the end of it being they are the highest court.
@myskina (182)
• China
6 Dec 08
hehe there is no `if` .... most people support Obama that`s depend on his great authority so now it`s his world