The Founding Fathers established the Electors (what has come to be called “The Electoral College”) to choose the president, not “the people.” This is a republic not a direct democracy.
The Electors gave Barack Obama 68% of their votes in 2008 and 62% of their votes in 2012.
The 12th Amendment to the Constitution says that whoever receives a majority of the votes of the Electors “SHALL BE THE PRESIDENT.”
Done Deal.
You have me confused with someone who believes an ineligible President cannot be chosen by the people by and through their electors or someone who believes that a person sworn in as President automatically becomes eligible because they were elected by a majority of the electors and have been sworn in.
I believe the American people can choose whomever they want to be sworn in as President of the United States. If they choose an ineligible person to be President, then an ineligible President will be sworn in. Only the electors in the Electoral College can prevent the American people from having an ineligible President sworn in by voting faithlessly. If the Electors choose not to vote faithlessly to prevent an ineligible President from being sworn in, then an ineligible President is sworn in. The courts and the Congress, as servants of the people, cannot prevent the will of the majority when electing a President.
Look to the recent NRLB v. Noel Canning SCOTUS decision as guidance. SCOTUS ruled Obama violated the Appointments Clause by recess appointments to the NRLB when the Congress was not in recess. Obama violated the Constitution and some of his appointees were removed from office. All of the decisions those appointees made after Obama violated the Constitution were voided. Obama wasn’t punished or removed. Obama made new appointments.
It’s similar with an ineligible President. The ineligible President, a product of majority will of the people is not removed for violating the Constitution, his appointments, however, are voided. So are the laws, rules, and regulations enacted during his tenure. The Archivist of the US was appointed by Obama. Since the Constitution and all other US law is held in trust as evidence of law by the Archivist of the US, then the Constitution and all US federal law is voided. The chain of custody for the national governing document has been broken by an illegal appointment made by an unconstitutional President.
A new President doesn’t right a wrong. Once the Constitution is violated it continues to be violated. The Constitution and all US law are voided by the seating on an ineligible President. It’s time to call a convention of the people to develop a new governing national document to submit for ratification by a majority of the states.