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To: butterdezillion
"I asked that question of somebody else: if the courts had refused to take up Bush v Gore on the merits how would that election have ended?"

Had the courts refused to take up Bush vs. Gore, the Republican controlled Florida legislature was prepared to step in and and appoint the electors directly, since the US Constitution gives the power of selecting the electors to the state legislatures, not the voters.

This may have led to two competing sets of electors and to a controversy in the Congress when it came time to count them. Then it would have been up to Congress to decide which set to accept, if either. Congress would decide the election.

All of this is provided for in the Constitution, just as the same document provides the procedure for qualifying the President.

The courts are not the final arbiters of every issue. Had the Congress ended up deciding the election, no court could have any say in the matter. It is totally outside of their power.

The same applies to the matter of Obama's qualification. That role is reserved for the electors and the Congress. Even if there were a factual basis for believing Obama isn't eligible (there isn't), Congress has already made its decision. No court can overturn it. Multiple judges have already explained this in their rulings but birthers don't want to hear it. They want to ignore the Constitution because it isn't providing the answer they want now. That's why their mantra of claiming to be Constitutional defenders is sheer hypocrisy.

383 posted on 10/14/2010 8:14:11 PM PDT by mlo
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To: mlo

Quote to me the words of the Constitution which give Congress the authority to determine the eligibility of presidential candidates or of the president elect.


394 posted on 10/14/2010 9:14:50 PM PDT by butterdezillion (.)
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To: mlo; butterdezillion
Had the courts refused to take up Bush vs. Gore, the Republican controlled Florida legislature was prepared to step in and and appoint the electors directly, since the US Constitution gives the power of selecting the electors to the state legislatures, not the voters.

WOW, a Republican controlled Florida legislature. Did I read that right, huh???

This qualify you as another candidate to receive the FReeper's "Cod-fish award"!!!

470 posted on 10/15/2010 10:11:19 AM PDT by danamco (")
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