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

To: aristeides
"who shall not, when elected, be an inhabitant of that State in which he shall be chosen."

I think it is up to the Ohio election authorities to determine if he is on the Ohio ballot, BUT,

if elected, whether as a write in candidate or otherwise, then I do not think that any court would have jurisdiction to determine whether he met or did not meet the Constitutional "inhabitant" standard.

I believe it would be held to be a "political question" and the House is the sole judge of its members qualifications. Therefore if elected the House could refuse to seat him and he would have no jucidial recourse.
10 posted on 08/08/2002 11:19:04 AM PDT by APBaer
[ Post Reply | Private Reply | To 5 | View Replies ]


To: APBaer
The Supreme Court severely limited the power of the Houses of Congress to refuse to seat members in the Adam Clayton Powell case, where they went to great lengths explaining why this was not an unjusticiable political question.
14 posted on 08/08/2002 11:31:53 AM PDT by aristeides
[ Post Reply | Private Reply | To 10 | 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