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To: xzins

“I’m saying they should set up a process by which those constitutional qualifications are publicly certified.”

That many be a very good idea. Congress has enacted all sorts of legislation to facilitate the carrying out of Constitutional requirements. Certainly what you propose, Padre, might have been avoided by such legislation. As it is, however, the several courts including SCOTUS have been dealing with these increasingly hysterical claims in precisely the manner that our courts should deal with them. It is apparent that the real complaint against the courts is not that they haven’t followed the law, which they clearly have, but rather that the result has been other than what some have hoped for. We call it the “disappointed litigants’ syndrome”. The howls from the left after the decision in Bush v. Gore were a version of this. Complaining about the courts is, sadly, what losers occasionally do. After all, some people have a real problem recognizing when their problems are their own fault and taking responsibility for them.

“You go read the constitution on this. Answer this question: Specifically, WHO does the constitution make responsible for certifying these qualifications for the presidency.”

Specifically, Art III sections 1 & 2 vest that responsibility in the courts.


197 posted on 07/16/2009 6:16:02 AM PDT by Kolokotronis (Christ is Risen, and you, o death, are annihilated!)
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To: Kolokotronis
I don't see Section I speaking to it.

Section Two:

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

I see Section II making the courts a reasonable after-the-fact locus for appeals, but I don't see them listed specifically as a pre-election certifier of qualifications.

That is what Congress should remedy.

198 posted on 07/16/2009 6:26:41 AM PDT by xzins (Chaplain Says: Jesus befriends all who ask Him for help.)
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