It is still an issue for the Court either way.
“It is still an issue for the Court either way ...”
Without question, this whole deal is an AMAZING constitutional question.
It involves Constitution as written, law legislated in support thereof, and the concept of “original intent”.
It involves the written Constitution as follows:
Article I, Section 8, Paragraph 18:
“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.”
The question is whether issues NOT specifically addressed in law, as written, are delegated to Congress to sort out. See Federal Election Law, below.
Article II, Section 1, Paragraph 5:
“No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.”
The question is whether the Founding Fathers intended to allow eligibility requirements verification.
1st Amendment:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The pertinent phrase is “redress of grievances”. Do the people have standing to make a case in absence of Congress or the Judiciary bringing one.
9th Amendment:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Do the people have standing?
10th Amendment:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
If the Constitution does not specify eligibility verification, and there is no law to do so, do the people have the right to demand it?
Law:
Congress has established Electoral College law in support of Article I, Section 8, Paragraph 18 and is listed as Chapter 1 of Title 3, United States Code (62 Stat. 672, as amended). Specifically, the argument lies in Section 15.
It provides for objections to the electoral voting process, by members of Congress. It IS a way to disqualify electoral votes, but NOT necessarily the ONLY way. Also, it does NOT address the issue of a candidate’s eligibility verification, nor does it state that Congress has the SOLE power to raise objections and/or verify eligibility.
Does this law preclude eligibility verification of candidates by the people? It ONLY mentions “objections” by Congress - nothing else.
It allows for the disqualification of electors - but does not enumerate specific reasons. It makes NO mention of disqualification of candidates.