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Scenario for a constitutional crisis

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posted on Oct, 28 2008 @ 05:48 PM
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Since we have not had this happen before and given the recent “kill Obama plot” and the likelihood of an Obama victory, I find myself asking a tough question. If Obama were elected and was assassinated or died in an accident like a plane crash before inauguration who would become the next president?

At first it seems to be a simple question, but after thinking about it for a minute things are not so cut and dry. Keep in mind that in this event there would already be tension and the wrong decision could lead to civil unrest and quite possibly riots.

Since Obama was never sworn in and assuming the event occurs before Biden being sworn in as VP then the Order of Succession would not be in effect. Hilary would have point in that she would have received the Democratic nomination were it not for Obama’s campaign in the primaries, including the loss of MI and FL delegates. McCain would have a claim as being the only presidential candidate with the most votes in the general election. Bush will have served his two full terms and would have to step down so that leaves the possibility of Cheney as the only valid VP at the time, again assuming prior to Biden being sworn in and Cheney stepping down.

Now if the option is given to the DNC to have a “special election” to offer a replacement, would not fairness allow for the GOP to nominate a new opponent? If it happened before the Electoral College cast their ballots, would they be free to cast votes at will and we have to abide by their vote…which we do anyway, but their vote is usually straightforward with minor exceptions. Would the EC vote be valid at all since the DNC would be placing the EC members in this instance?




posted on Oct, 29 2008 @ 01:29 PM
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I was actually reading about this in the Constitution the other day. I don't have my copy in front of me so any quote won't be verbatim. Assuming the electoral college has already voted, they would have to search for a "suitable replacement". This suitable replacement would have to be McCain because, he received the next highest amount of electoral votes. Hilary Clinton wouldn't be in the running because she didn't receive any electoral votes, and very few, if any votes for president and it would be hard to give Obama's votes to Hilary--it would be like giving the Super Bowl trophy to the losing team because the winning team all disappeared. If for what ever reason McCain didn't want the presidency, Biden would be the acting president, after January 20th, until someone could be the president. This is all in Article 2 of the Constitution.



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