Well, in cases where the sole power is lodged in Congress, you are right, no checks/balances exist. Seems like Amar is saying judging the qualifications of President is like impeachment. It’s their sole power. Courts don’t get to take a shot at it. At least conceptually, that makes sense and is familiar terrain for us in constitutional government. The question is, is that what the text of the constitution provides? Does it clearly make Congress the sole judge of this?
And if it is clear that this is Congress’ sole power, then, he would be right. Other bodies making that disqualification would be unconstitutional.
thank you for your reply. your diligence / knowledge on this important issue is noted and appreciated.
If Amar is right, Congress could seat Vladimir Putin (in suitable disguise of course, so as to fool the people), and there is no remedy, no check.
The constitution doesn't say Congress shall be the sole judge of qualifications, that's for sure. It dictates the outcome on a finding of disqualified, that's all.