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To: Tau Food
I.

Impeachment is a POLITICAL process, LEGAL matters are Judicial.

Impeachment is a political act of the Legislative Branch.

Conversely eligibility is a legal matter determined Judicially.

If eligibility were a political matter then there would be no set standard and the mandate of Article II § 1, cl 5 would become an arbitrary and shifting standard. Article II § 1, cl 5 would be surplusage.


II.

Article II commands that an ineligible person shall not be President. A person who is not President can not be impeached.

Article II does not distinguish between ineligibility prior to an election or after, a person failing to meet the requirements is at all times legally disqualified.

Nothing can be added to the text, it must be taken as it is. If the Framers intended an exception they would have written one.

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen Years a resident within the United States. U.S. Const. art. II, § 1, cl 5.


III.

A Judicial determination of eligibility is proper, indeed it is solely for the Judiciary to determine and for no other Branch.


IV.

The Legislature has no power to interfere with a Judicial determination of ineligibility.

There is no Legislative role, to allow such would obstruct the purpose of Article II § 1, cl 5.

There is no requirement that the Legislature impeach, to allow such would obstruct the purpose of Article II § 1, cl 5.

To allow an ineligible person to remain in Office on the premise that the Legislature has not impeached would be an improper interference with the Judiciary and an improper combination between the Legislative and Executive Branches.


V.

A Judicial determination of ineligibility is a removal from Office.

515 posted on 08/23/2013 3:58:09 PM PDT by Ray76 (Common sense immigration reform: Enforce Existing Law)
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To: Ray76
I agree with the following:

"Impeachment is a POLITICAL process"
"Impeachment is a political act of the Legislative Branch."
"A person who is not President can not be impeached."
"Article II does not distinguish between ineligibility prior to an election or after, a person failing to meet the requirements is at all times legally disqualified."
"Nothing can be added to the text, it must be taken as it is."
"No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen Years a resident within the United States. U.S. Const. art. II, § 1, cl 5."

Good job.

The other parts need more work. Flesh them out. ;-)

517 posted on 08/23/2013 6:11:09 PM PDT by Tau Food (Never give a sword to a man who can't dance.)
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