The SCOTUS seems to clearly defer these types of issues to the political process.
any legal type i have ever even broached the subject to rolls their eyes and laughs, but the constitutional “scholars” on FR claim to know better and think it’s ironclad. oh well.
But it is a Constitutional issue, not an electoral issue. Congress should really initiate a Constitutional Amendment and let it work its way through Congress and the States to decide this once and for all. Allowing this indecision to eat away at the confidence of the citizenry in the government is unconscionable. Clearly the Dems were worried about it in 2007, or else they wouldn’t have passed a resolution proclaiming McCain a NBC.