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To: GregNH

Article II commands that an ineligible person shall not be President. Article II does not distinguish between ineligibility prior to an election or after, a person failing to meet the requirements is at all times legally disqualified.

It is solely for the Judiciary to determine eligibility, and for no other Branch. To allow an ineligible person to remain in Office on the premise that the Legislature has not impeached would obstruct the purpose of Article II § 1, cl 5. Eligibility would be rendered meaningless, subject to the varying winds of political power. It would be a subversion of republican principles.


60 posted on 10/28/2013 12:40:20 PM PDT by Ray76
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To: Ray76
UNITED STATES CODE

The following provisions of law governing Presidential Elections are contained in Chapter 1 of Title 3, United States Code (62 Stat. 672, as amended):

TITLE 3 THE PRESIDENT

Chapter 1. Presidential Elections and Vacancies

Skip to First Half of Provisions   |   Skip to Second Half of Provisions

Section

  1. Time of appointing electors.
  2. Failure to make choice on prescribed day.
  3. Number of electors.
  4. Vacancies in electoral college.
  5. Determination of controversy as to appointment of electors.
  6. Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection.
  7. Meeting and vote of electors.
  8. Manner of voting.
  9. Certificates of votes for President and Vice President.
  10. Sealing and endorsing certificates.
  11. Disposition of certificates.
  12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate.
  13. Same; demand on district judge for certificate.
  14. Forfeiture for messenger's neglect of duty.
  15. Counting electoral votes in Congress.
  16. Same; seats for officers and Members of two Houses in joint meeting.
  17. Same; limit of debate in each House.
  18. Same; parliamentary procedure at joint meeting.
  19. Vacancy in offices of both President and Vice President; officers eligible to act.
  20. Resignation or refusal of office.
  21. Definitions.
Why would Congress stop at say section 15?
61 posted on 10/28/2013 12:54:58 PM PDT by GregNH (If you can't fight, please find a good place to hide!)
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