Super Dave wrote:
Trump threatened and backed down.
One poster here (I forget which conspiracy guy.. maybe eagleye?) Said that he personally researched it and was forwarding his findings to the lawyers that know ten-thousand times more than him about it.
http://publiushuldah.wordpress.com/2016/02/04/who-decides-whether-someone-is-qualified-for-the-office-of-president-of-the-united-states/According to Publius Huldah, under the Constitution as written, it is Congress job to make the call, NOT an issue for the federal courts to decide:
By Publius Huldah
According to the original intent of our Constitution, Ted Cruz & Marco Rubio are not eligible to be President because their fathers werent US citizens at the times they were born. So they are not natural born citizens.
So! How is this handled? Who calls it? Who makes the ruling? Do we file a lawsuit and let federal judges decide? Slap your hands!, our Framers would say. They would say, READ THE CONSTITUTION AND SEE WHAT IS SUPPOSED TO HAPPEN!
[Our lives would be so much simpler and our Country so much better off if we read & supported our Constitution.]
Read the 12th Amendment. That sets forth the procedures for e******n of President and VP. Note that E*****RS are supposed to be the ones making the se******n not The People. [There is a reason for that.] For an illustration of how this works, go HERE and read the subheadings, E*****rs Appointed by States Were To Choose The President! and The 12th Amendment Establishes Procedures For V****g By E*****rs.
So! Assume we followed the Constitution on this issue and we get to the part where Congress is counting the v**es as provided by 12th Amendment. And Lo! Congress discovers that the person who got the most v**es for President is NOT QUALIFIED by reason of age, or not being a natural born citizen, or not having been for at least 14 years a Resident within the United States.
Obviously, its Congress job to make the ruling to make the call on whether the President and VP selected by the E*****RS are qualified under Art. II, Sec. 1, clause 5.
So what happens if Congress finds that the person with the most v**es for President is not qualified? We look to Sec. 3 of the 20th Amendment. It tells us what happens. If the President elect has failed to qualify, then the VP elect shall act as President
Now, read the rest of that Section. We would also need to see whether Congress has made any of the authorized laws providing for such contingencies.
So, under the Constitution as written, it is Congress job to make the call as to whether the President elect and the VP elect are qualified.
This is NOT an issue for the federal courts to decide. That is because this is a political question not a legal question. The power to make the ruling as to whether the president elect or the VP elect are qualified has been delegated to CONGRESS. Traditionally, federal courts have abstained from deciding political questions.
We study this in our first year constitutional law class, when we study judicial abstention from certain kinds of cases including cases which involve political questions or the exercise of powers delegated to the Legislative or Executive branches. When a power is delegated to one of the political branches (Legislative or Executive), the federal courts (the legal branch) have traditionally declined to interfere and substitute their judgment for that of the political branch to which the Power was delegated.
And what if Congress gives an ineligible person a pass as they did with obama? WELL THEN, SHAME ON US BECAUSE WE ARE THE ONES WHO ELECTED THOSE IGNORANT COWARDS TO OFFICE!