It’s confusing because the Twelfth Amendment to the Constitution says that whoever receives a majority of the votes of the electors “shall be the President.”
A judge just ruled earlier this week in Grinols v Electoral College (an Orly Taitz suit) that a reelected incumbent is both president until his term ends at noon on January 20th and a president-elect until his new term begins at the same time that the first term ends.
This whole thing is not very confusing to me. The above quote from the Twelfth Amendment assumes that the person elected is qualified for the office.
Later on, The 20th Amendment instructs us what we should do “If the president shall have failed to qualify”. Note the word IF.
First,..... It is obvious that the 20th amendment leaves open the possibility that the electors can make an error and elect an unqualified person. So, that elected person still must be qualified before he or she can assume the office . Hence the words “””Failed to qualify”””.
Second..... “””””””A judge just ruled earlier this week in Grinols v Electoral College (an Orly Taitz suit) that a reelected incumbent is both president until his term ends at noon on January 20th and a president-elect until his new term begins at the same time that the first term ends.”””””
So what you are saying is if a mistake was made the first time and an elected person who was not qualified assumed the office President of the United States, a new precedent is set and even though we know he is not qualified, we must now allow him to assume the office and forget the constitutional qualifications?