Free Republic
Browse · Search
News/Activism
Topics · Post Article

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
[ Post Reply | Private Reply | To 424 | View Replies ]


To: Ray76
There is no restriction on the Judiciary to try the case, indeed they must.

I do understand your argument. I just disagree with it.

I believe a court under those circumstances would explain to the parties that the Constitution commits to Electors the function of choosing a President and that their argument should be directed to the Electors and to the voters who elect the Electors. I think that it would be a very simple case. Just read the Constitution to find out who chooses presidents.

I recognize that there are people who believe that there exists some fundamental problem with any system that entrusts to someone other than a judge a final determination of an important issue. But, I think most judges would have no difficulty with that notion.

Obviously, you and I cannot resolve this question. Maybe someday soon someone will somehow force a judge to decide whether he thinks he has the powers you are claiming for him. I predict that he or she will look for a way to avoid even answering the question and if he or she is somehow forced to answer the question, I am almost certain that he or she will find a way to decline to disqualify any candidate for president.

428 posted on 11/18/2015 6:49:51 PM PST by Tau Food (Never give a sword to a man who can't dance.)
[ Post Reply | Private Reply | To 426 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson