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To: Kolokotronis
I don't see Section I speaking to it.

Section Two:

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

I see Section II making the courts a reasonable after-the-fact locus for appeals, but I don't see them listed specifically as a pre-election certifier of qualifications.

That is what Congress should remedy.

198 posted on 07/16/2009 6:26:41 AM PDT by xzins (Chaplain Says: Jesus befriends all who ask Him for help.)
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To: xzins

” I see Section II making the courts a reasonable after-the-fact locus for appeals, but I don’t see them listed specifically as a pre-election certifier of qualifications.”

Well no, not exactly. Sec 1 sets up the Courts. Sec. 2 gives those courts jurisdiction over all matters arising under the Constitution, which these challenges do.

“I don’t see them listed specifically as a pre-election certifier of qualifications.”

In fact, a challenge of the qualifications of a candidate for president ought to be brought prior to the election and brought in Federal District Court. That’s been the point of several of the standing decisions. The courts therefore are potentially the pre-election certifiers of qualifications IF someone wants to challenge. It is another matter to set up a mechanism whereby all candidates MUST be certified. The Constitution doesn’t require that but so far as I can see, Congress could certainly enact such a law so long as the qualifications were limited to those set forth in the Constitution.


199 posted on 07/16/2009 6:39:19 AM PDT by Kolokotronis (Christ is Risen, and you, o death, are annihilated!)
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To: xzins
I'm not sure we make any headway by having some person in charge of “eligibility” for candidates.

What happens if some rat disqualifies a conservative, drops them from the ballot.?
Even if later a law suit says they are eligible the election is over.
Remember the rats will turn every law, every regulation , on it's head and if it can be twisted and contorted to their use , it will be.

If the people don't have the moral fiber and common sense to vet the candidates they vote for then we are screwed. And no legislation can fix it.

Our problems are the result of long term programs set in place and executed over decades.
Unless we can get the average citizen to realize we are in a real battle for the soul of this nation we are done for.
We can't win if no one believes we are at war.

Oboma’s election just shows how far we have fallen and how hard it will be to rise up again. On the other hand ...... it is vitally important to expose the impostor and bring every force of law against him. The Constitution must be defended and upheld.

202 posted on 07/16/2009 7:01:50 AM PDT by CFW
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