Now you're just being silly.
To be the president-elect a person has to have been certified as the winner by Congress. And yet the 20th Amendment says that a President-elect (already certified by Congress as the winner of the election) can STILL fail to qualify. Obviously “qualifying” is something besides getting Congress to say you won the electoral vote.
So who still has to qualify him?
Show me where Congress ever said that Obama is Constitutionally qualified to be president. And right after you show me that I will file perjury charges against anybody who signed it, because Hawaii law says the facts of Obama’s birth have never - to this day - been legally determined.
They approved the vote of the Electoral College, didn't they? And he got sworn in and everything, I watched it on the news.
Does the 20th Amendment say that “qualifying” doesn’t matter if the Pres-elect is certified by Congress, or takes the oath, or anything else?
Let me just type it in here, Section 3 of the 20th Amendment:
“If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”
In what instance would a President elect fail to qualify by Jan 20th even though the Vice President elect qualified by then?
This is not about SOMEBODY ELSE “qualifying” him. It is about he himself failing to qualify by Jan 20th.
The only place the Constitution talks about Congress with the electoral vote is counting the already-certified votes from each state, and taking care of a split vote where nobody gets the majority of the electoral votes.
It’s COUNTING the votes.
It’s described in the 12th Amendment thusly: “The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted...”
It goes on to say how to decide who has won and what happens if there’s a split vote so that nobody has the majority (the House gets to decide/vote on the Pres and the Senate gets to decide/vote on the Vice Pres, both of them pitting only the 2 top vote-getters against each other. If the House doesn’t decide on a President in time, the VP elect acts as Pres)
Contrast that with Article I, Section 5, where it says, “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members...”
Nowhere is Congress given any job in the electoral vote except counting them and deciding who wins if the vote is split.
Nobody knows the results of the electoral vote until Congress counts the votes which were certified, sealed, and delivered to Congress. There is not a President elect until then. If there is a “President elect” then everything Congress is allowed to do has already been done - and after that the President elect and VP elect can each STILL “fail to qualify”, independently of each other, according to the 20th Amendment.
What are the qualifications for holding the office of President and Vice President? How could a person “fail to qualify” even though they were certified as the winner? You tell me.