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IF, and I repeat IF, it is proven that Obama is not legally qualified to be POTUS, should Cheney step in?
If it becomes necessary to have another election, would it be fair and legal for Dick Cheney to presume the office of the Presidency while the matter of the next President is settled?
Or does Cheney's tenure as VP have to end with Bush's tenure as President?
To poster "Zaphod": But I wonder if the whole election would be considerd null and void...that would mean neither Obama nor Biden were legally elected.
To poster "H2O Engineer": Then, oh my gosh, would that mean Nancy Pelosi would be the interim president? Heaven forbid!!!
To poster "Chelfi": But wouldn't McCain have an argument to claim he wasn't beaten by Biden, he was beaten by Obama, therefore Biden should not be automatically given the presidency over him?
To poster "Chelfi": Also, wouldn't Hillary have a case to say she was the qualified Democrat candidate with the most primary votes?
To poster "Chelfi": My point is, in that case there would be NO "duly-elected" president...the election could be considered null and void.
To poster "Panda": Actually, just as in 2000, the Supreme Court was looked to as the authority to decide whether or not a free and fair Presidential election was held. I think they would still be looked to in the case the past election didn't have a constitutionally-qualified Presidential candidate.
22 Answers
- Anonymous1 decade agoFavorite Answer
The left wing loons would figure out a way to get Carolyn Kennedy in there.
- PandaLv 71 decade ago
There is no known legal way to remove Barack Obama as President-elect or President except through House and Senate Impeachment processes. The first precedent in this case is that Barack Obama was elected by the majority of people in the United States . .he cannot be 'disqualified' . . ever . . the legal proceedings for removal of a President are clearly stated in the Constitution . . only the People of the United States can remove him . . no one else . .not even the Supreme Court can reverse the decision of the electorate. The power is with the people.
Thus:
1. The electoral college has already met and officially cast votes to elect Barack Hussein Obama at the request of the majority of people in the United States to be President of the United States.
2. The will of the people cannot be legally changed except as outlined in the Constitution through Impeachment.
3. There is no legal precedent or standing to remove President-elect Obama. Period. No one has the authority or power to remove him other than through Impeachment.
The Supreme Court does not have the authority to nullify the majority vote of the people . . nor do they have the power to 'investigate' . . that is not how our system of government works. Impeachment is the only legal process available to remove someone who is elected and Obama (no matter what is or is not discovered) has been elected by the people.
It is impossible to void and nullify an election legally no matter what your suspicions.
In the 2000 case between Bush vs Gore . . the problem was that neither man had clearly been elected by the people . . the Supreme Court never should have been involved in making that decision because it ended up 'tainting' respect for the Supreme Court decisions. What you are suggesting is clearly different . . Obama has been elected . . there is no authority that can legally remove him from office . . doing so without authority would be considered a coup d’état or an unconstitutional overthrow of a government.
- ChelfiLv 71 decade ago
You need to learn a whole lot about constitutional law.
Cheney has nothing to do with it after January 20. He's history. If for any reason the elected president cannot serve the vice-president elect would become the president.
Edit: Again, read the Constitution. It's clear.
Again: Obama is the duly elected president having been elected by a majority of the electoral college. Anything that comes after that election then moves to the rules of succession in the Constitution.
Edit2: Once again, the Constitution is clear on this point.
- Anonymous1 decade ago
1) Election would not be null and void. And even if it was, there is no constitutional provision short of Bush's death or impeachment that could possibly propel Cheney into the presidency. His term is ended constitutionally after two terms.
2) If, even after the Republican majority on the Supreme Court refused to review the case because it lacks any merit whatsoever, Obama was deemed unqualified, Biden would take office.
- Patrick BLv 71 decade ago
We'd need to worry about every other possible candidate being "proven" as not being qualified as well. It's been proven that Obama is qualified, by the US court systems, by both state and federal governments and by the FBI. However if something were to happen to Obama to keep him from becoming the next POTUS, it would fall to Biden.
- goodellaaLv 51 decade ago
If we get involved in improvisational B.S. with regard to the Executive Office we will be badly screwed. Congress would probably confirm Pelosi. You can't borrow or shoot your way out of every problem. Forward!
The Green Party has spoken.
- Anonymous1 decade ago
1. NO, Cheney's term in office ends on Jan. 20th at noon.
2. Obama is legally able to be POTUS, stop watching Fox News.
3. If you need to ask this question then you should definitely take a civics and government class before voting again.
Edit.
4. See answer 3. No, Joe Biden is the next in line for the presidency.
- chuck_juniorLv 71 decade ago
No. Cheney is outside the order of succession as of 12:00 pm 20 January 2009.
- Anonymous1 decade ago
Now I see why Ohio goes nutso every 4 years and votes Republican
Tell me you people are smarter than you're leading on
- Andrew KLv 61 decade ago
If by some miracle it is ever proven that Obama is not legally able to be POTUS, Biden would then step in, and would appoint a new VP.
- Anonymous1 decade ago
There wouldn't be another election, Joe Biden would become President.