Replies

It boggles my mind that the NJ Secretary (along with a few other states) would allow a known unqualified candidate, Calero, to be placed on the ballot.

The Constitution does not prohibit a non-citizen or an ineligible citizen from running for POTUS. It only makes him ineligible to take the office.

I believe it is imperative that the SCOTUS ensure the constitutional eligibility of an elected candidate to take the office that the Chief Justice of the Supreme court is mandated to give the oath of office to.

If Roberts is going to swear this guy in, then Roberts has a constitutional obligation to make sure that he is eligible to take the office.

If Roberts doesn't do it, then he has violated HIS oath and he should be removed.

The Constitution does not prohibit a non-citizen or an ineligible citizen from running for POTUS. It only makes him ineligible to take the office.

The Constitution doesn't spell out the Secretary of States' duties. But, each state has their own laws as to the SoS election duties. I believe that Donofrio's original case was brought to force the NJ SOS to "do her job" in determining whether a candidate was elegible to be placed on the ballot. Here's how Donofrio stated it:

....In My law suit was brought in the nature of a traditional "writ of mandamus" (aka "action in lieu of prerogative writs") in order to force the Secretary of State to do "something" to protect the integrity of the ballots as per her oath of office and as is required by NJSA 19:13-22, a statute specifically addressed to the Secretary of State with regards to ballot integrity.......

If Justice Roberts is relying on individual states (and their SoS's) to ensure that a candidate is constitutionally qualified, then there's a problem.

If Roberts is going to swear this guy in, then Roberts has a constitutional obligation to make sure that he is eligible to take the office. -- I agree.

“The Constitution does not prohibit a non-citizen or an ineligible citizen from running for POTUS. It only makes him ineligible to take the office. “

Indeed, there is a Nicaraguan non-citizen (Roger Calero) who runs for POTUS every election as a World Socialist or something. He gets on some state ballots, not on others, and he has a “proxy” stand in in other states. He cannot become president, but can run (bizarre, but he is a leftist after all).

“The Constitution does not prohibit a non-citizen or an ineligible citizen from running for POTUS. It only makes him ineligible to take the office.”

Interesting point.