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To: noinfringers2
I take it that you and I just see and apply written words, especially the Constitution’s, in a different frame of reference. My framework encompasses the the idea that if there is something astray to the Constitution there is indeed a requirement for such actions to have resolution and correction.

I think everyone agrees that any system requires that there be some person or group of persons with the power to make a final decision with regard to a candidate's qualifications. The Constitution empowers the voters and their electors to select our presidents. If you want to expand the power of the Supreme Court to permit it to "correct" errors it feels have been made by voters/electors, who will you want to empower to "correct" the errors that may be made by the Supreme Court when it performs this new job of qualifying candidates? Doesn't the power to make a final decision have to rest somewhere? The Constitution empowers voters and their electors to select presidents; it doesn't create any role for the Supreme Court to disqualify candidates. Voters/electors are empowered to make a final decision as to quaifications.

It is no secret that courts have in the past made decisions as to qualifications/eligibility disputes.

When you actually look, I think you'll find that neither the Supreme Court nor any lower court has ever attempted to rule that a presidential candidate is unqualified to run for president because he/she fails to meet constitutional qualifications. The Supreme Court has never even hinted that it has the power to overturn a decision by voters/electors that a candidate is qualified.

I can agree that the courts are under the Constitution and are limited when they the courts, attempt to change the Constitution. When errors become fraud the concept of voter infallibility is a weak excuse for accepting consequences.

Neither voters/electors nor judges are infallible. However, I have more confidence in the consensus of 130 million voters than in the consensus of 9 unelected judges. A final decision has to be made by someone and the Constitution assigns that job to the voters and to their electors.

348 posted on 03/28/2013 7:45:51 AM PDT by Tau Food (Never give a sword to a man who can't dance.)
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To: Tau Food

You did not notice that I never referenced that the SC take action for ‘resolution and correction’. My view is that the Constitution by intent and words is above any government body including the SC. Where we have difference of understanding ,apparently, is that I believe there can be fraud, chicanery, and deception by persons and group of persons as to any election. I remember very well the poster on my fourth grade room wall which gave that famous quote attributed to Lincoln about the fallibility of people and government i.e. ‘You can fool some of the people all the time and all the people some of the time, but you cannot fool all the people all the time’. There is no need to belabor the power of the SC because my issue is that ,using your numbers, 130 million people can indeed be induced to to cast votes in the frame of reference noted.


412 posted on 03/28/2013 12:44:23 PM PDT by noinfringers2
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