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To: Political Junkie Too
>>>I was wondering if the Constitutional provisions for President of the United States were affected in any way by having a President in Office who was not qualified to be in office. Did that change the Constitution?

That would depend on how far into the future the People found out that they were allegedly duped.

Short answer: It wouldn't change the Constitution at all.

Longer answer: If it had been known when Arthur was in office, there would have been legislation and contemporaneous commentaries, which wouldn't have changed the Constitution, but would have shed some light on in how it was interpreted at the time. There would also have been litigation, which would have set some sort of precedent.

If one unqualified president slipped through undetected, it doesn't change the law, any more than one killer who isn't caught invalidates the murder statute.

990 posted on 01/02/2009 8:50:38 PM PST by ReignOfError
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To: ReignOfError
If it had been known when Arthur was in office, there would have been legislation and contemporaneous commentaries, which wouldn't have changed the Constitution, but would have shed some light on in how it was interpreted at the time. There would also have been litigation, which would have set some sort of precedent.

A precedent that would have been in place for today's Supreme Court to refer to.

So, do we owe it to future presidents, courts, and voters to set that precendent once and for all, so it doesn't happen a second (or possibly third) time?

-PJ

994 posted on 01/02/2009 8:55:05 PM PST by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
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