[Ray76]

The role of Congress is ministerial, they count electors’ votes. Only in a special circumstance may they exercise any other power (Amend. 12). In no circumstance do they possess authority to determine who is and who is not eligible for the Presidency. Electors vote. In no circumstance do they possess authority to determine who is and who is not eligible for the Presidency.

Eligibility is not a political issue, is a question of law & fact. The facts regarding an individual are discoverable. For example, a persons age and residency are discoverable facts, as is their citizenship status. Questions regarding eligibility are within the exclusive authority of the Judiciary. Conversely, if it were a political issue, the eligibility mandate of Article II would be nugatory.

[P-Marlowe]

When the founders drew up the Constitution the original intent was to give the electors the sole power and authority to judge the qualifications and eligibility of the person they would ultimately decide to be the president.

So when was this power taken away from them?

[AFret.]

Thank You.
After P-Marlowe took me to the woodshed over my post, I was questioning my own understanding of the roles of the legislative and judicial branches, and their jurisdiction.

Thanks for the clarification..