[21stCenturyFreeThinker]

That’s just an opinion, and one that completely overlooks the language in the 20th amendment where it says the PE could fail to qualify. It’s the SCOTUS’s job.

True enough, it is an opinion. The Supreme Court has never ruled on it and really can't. But I do offer support for my opinion.

The 20th amendment says the President Elect can fail to qualify, but it also says that it is Congress's job to deal with that crisis.

Amendment XX - Section 3.

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

No mention of the Supreme Court here. It's Congress all the way. We get the VP-Elect unless he doesn't qualify either. In that case we get somebody selected by Congress.

It is well settled that the Supreme Court can't remove a sitting president because the Constitution specifically gives the job to Congress. He has to be impeached and convicted. Similar reasoning applies to the president elect.

Check out some of the other posts on that thread. I hate to post the same thing over and over on many threads.

[Kevmo]

Your post does not address the original thing that luvadavi posted:

The Court can only act when Congress raises the question of elibility... Congress has to raise the objection first, then it can go to SCOTUS.

[Congressman Billybob]

There are at least eight cases in which judges have ruled that candidates are disqualified from running. Two of those involved disqualified PRESIDENTIAL candidates.

Such cases are the finding of simple facts and the application of clear law. This is the normal business of courts. If the Supreme Court runs away from this question, the reason is not preemption of the task by Congress, but cowardice by the Court. IMHO.

Congressman Billybob

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