One possible solution would be a constitutional amendment (1) barring any candidate who cannot prove that he meets the constitutional requirements for the federal office he is seeking from appearing on a state ballot, (2) voiding any electoral votes cast for such a candidate in any presidential or vice-presidential election, and (3) enabling Congress to enact appropriate legislation to make it a federal crime for an individual to gain access to the ballot as a candidate for federal office in any state when such individual cannot prove that he meets the constitutional requirements for the said office.
I know that we conservatives generally dislike any federal mandates on the states, but if the states cannot clean up their election procedures to conform with the Constitution, there has to be a way to reassert the fundamental principle that the federal Constitution is the supreme law of the land.
There really isn't a State problem at all.
The States do not Constitutionally (read legally) hold elections for candidates for President or Vice President. They hold elections for electors. The electors can vote for anyone I suppose, but it is, or was obviously in the minds of the Framers, up to Congress to discard votes for candidates not eligible to hold either office.
ML/NJ
**Hill argued that New Jersey law does not require Obama to present a valid birth certificate to establish his qualifications under Article 2, Section 1, of the U.S. Constitution **
Without any uniformity in *all 57* states....fugetaboutit.
One, if the states DID something like this, the justice department would make it “null and void” ....AND....the republicans would do nothing about it.
Second, we don’t need a new law. We need an opposition party that believes in the constitution. Personally, I think it’s already gone too far.
No weakening of federalism required.
But even all 3 would not be a weakening of federalism. I don't think it would even take an amendment. It could be done by law. That law would just be enforcing the eligibility requirements of the Constitution as per the last of the powers delegated to Congress in Art.I section 8.
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.
Thanks justiceseeker93.