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To: Ray76
The Supreme Court is clear on this point: statutes “conferring citizenship upon foreign-born children of citizens” is naturalization (see U.S. v. Wong Kim Ark, 169 U.S. 649)

Well, I do not think that there is anything that the Supreme Court can do to resolve this issue. I believe that the Constitution delegates to Electors the job of choosing the President and also provides the Electors with some standards regarding eligibility (age, natural born citizen, residency). I believe that it is the function of the Electors to choose a President who is qualified to serve. They are provided with standards to apply and entrusted with the duty to apply those standards. I do not believe that their decisions are reviewable by the Supreme Court, by either branch of the legislature, or by the President. In the event that a majority of the Electors cannot agree on a President, then the House of Representatives is to choose the President, voting by state.

424 posted on 11/18/2015 5:45:52 PM PST by Tau Food (Never give a sword to a man who can't dance.)
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To: Tau Food

> the Constitution delegates to Electors the job of choosing the President

True, but ultimately irrelevant. The mode of election does not constrain the judiciary’s exclusive authority to try cases. No person is exempt from a judicial determination of ineligibility should a case be brought.


425 posted on 11/18/2015 6:06:18 PM PST by Ray76
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To: Tau Food
Suppose a case is brought which establishes that a person had resided outside the United States thirteen years ago. This case could have involved property or have been a business dispute or something else but whatever it was, it was unrelated to Article II eligibility.

Suppose once this case is decided a case challenging Article II eligibility is brought by some other party.

Eligibility is determined by three factors:

  1. the person shall "have attained to the Age of thirty five Years"
  2. the person shall have "been fourteen Years a Resident within the United States"
  3. the person shall be a "natural born citizen"
Article II clearly states that "no person [] shall be eligible" that does not meet these tests.

Clearly the person is ineligible, therefor they "shall not be eligible to the Office of President". They can not be President. Article II does not say "shall not be a candidate for the Office of President", they "shall not be" President.

There is no restriction on the Judiciary to try the case, indeed they must.

When a person is removed - for any reason: death, disability (25th Amend.), impeachment, resignation, or ineligibility - a vacancy is created in the office, the succession process applies.

426 posted on 11/18/2015 6:28:53 PM PST by Ray76
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