Congress isn’t given authority in the Presidential election. Since the authority to determine eligibility is not given specifically to any other body and, as you mentioned, the Constitution envisions that a President elect could make it past both the states and Congress even though being ineligible, the ultimate responsibility falls to the Supreme Court. They’ve evaded that responsibility by claiming they haven’t had any “cases” before them to decide, since nobody has standing to bring a case.
But a state does have standing to determine eligibility; it is supposedly happening all the time, since Secretaries of State in some states are specifically required to only include candidates who are eligible for the positions they seek. IIRC, California is one state where the SOS has previously kept somebody off the ballot because they were not Constitutionally eligible, so I would think because of that precedent and equal protection/due process, citizens would have a valid legal reason to say that eligibility must be determined for ALL candidates.
The point that could be problematic here, from a preliminary glance and a very non-expert eye, is the lack of a federal action that usurps states’ rights. The feds haven’t done anything on this issue. And state officials have refused to do anything on it either.
Sounds correct; hope a legal 'eagle/beagle' will also weigh in on this.
I think you are wrong. The 12th Amendment states:
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the PresidentThe 20th Amendment says:
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.And Article I, Section 8, Clause 18 says:
[The Congress shall have Power] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.I supposed I could quote the impeachment sections too. There really is no role for the Supreme Court except to decide controversies where the meaning of laws passed by the Congress and of the Constitution are in dispute. I know many have been brainwashed into thinking that the Court legitimately can decide anything it wants to decide but that clearly wasn't what the Framers had in mind.
ML/NJ