“Whose job is it to determine whether or not a candidate meets the constitutional test?...”
It appears to be the responsibility of Congress - both the Senate and House of Representatives.
Go to this link for the following explanation:
http://texasdarlin.wordpress.com/2008/10/04/berg-prepared-to-go-to-supreme-court/#comments
Arguments concerning qualifications or lack thereof can be laid before the voting public before the election and, once the election is over, can be raised as objections as the electoral votes are counted in Congress.
Federal legislation further details the process for counting electoral votes in Congress…..
The statute provides a mechanism for objections then to be registered and resolved: “[e]very objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made . . . shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision.”
The Twentieth Amendment further provides, “if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified…
It is clear that mechanisms exist under the Twelfth Amendment and 3 U.S.C. 15 for any challenge to any candidate to be ventilated when electoral votes are counted, and that the Twentieth Amendment provides guidance regarding how to proceed if a president elect shall have failed to qualify.
My comment: this is not encouraging. Our way out of this mess may require that Republicans take back the House and the Senate.
Imagine a partisan affirmation for Obama's election despite obvious non-qualification! I would bet on two years of riots on the streets of every city, or until such time 0bambi were removed through impeachment! Out of fear for their very lives, I don't think a sufficient number of dhimmicRats would take it upon themselves to foist that Obamanation upon the country, but it wouldn't be the first time we've been disappointed in dhimmicrats, eh?
If the House Dhimms threw such back in our face, the legal challenges would be immediate and plentiful. The USSC would be forced to take up with issue within weeks, probably before Obambi ever took office. He would never be administered the Oath of office, and we'd have Biden for four years. He might get Hillary as his VP, in which case, he'd be spending so much time watching his back that every little of substance could get done.
With the dhims having defrauded the American public under this scenario, the public would allow very little Biden-Clinton-dhimCongress work to be enacted, under threat of power removal. They'd be scared into paralysis, hoping to be allowed to stay on. Alas, that won't restore their power to them after the 2010 midterm.
At the midterm election, the house and Senate would turn overwhelmingly Republican, and in 2012, the Palin/Jindal ticket would win by a landslide.
And God will continue to work in mysterious ways. That's assured!
HF