“Impeachment is a POLITICAL process”
Precisely. Conversely eligibility is a LEGAL matter. If eligibility were a political matter then there would be no set standard and Article II’s mandate would be negated, it would be an arbitrary and shifting standard.
Legal matters are the province of the Judiciary.
Carter’s opinion is political and ignores even the most basic elements of jurisprudence. The Constitution must be construed as a whole and it’s provisions read in a way that is compatible and not contradictory.
An ineligible person can not be impeached.
Yes, legal matters are indeed the province of the judiciary and in 2012 alone there were 50 Article Two, Section One legal challenges to Barack Obama’s eligibility to be on the ballot. Those legal challenges were heard in 22 states plus the District of Columbia and not one judge has ruled him to be ineligible while many judges ruled him to be qualified as a natural born citizen.
For example: Allen v Obama, Arizona Superior Court Judge Richard E. Gordon: “Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President. Contrary to Plaintiff’s assertion, Minor v. Happersett, 88 U.S. 162 (1874), does not hold otherwise.”—Pima County Superior Court, Tuscon, Arizona, March 7, 2012
http://www.scribd.com/doc/84531299/AZ-2012-03-07-Allen-v-Obama-C20121317-ORDER-Dismissing-Complaint
Since 2008 there have been 207 original jurisdiction eligibility challenges, 90 state and federal appellate rulings and 26 petitions for Writs of Certiorari and Applications for Stays, Injunctions or extraordinary writs at the Supreme Court of the United States. No court and no individual judge or justice has ruled Obama to be ineligible.
Impeachment can be used as the process of determining if an elected or appointed official is ineligible for the office he holds.