I’m kind of a grump on this issue.
Where does the Constitution say that courts sit in judgment on the eligibility of the President. The electors vote. The Secretaries of State certify the state vote. This issue was raised by HRC’s minions before the election so the electors had a chance to consider it.
I think the issue is Constitutionally assigned to the electors, not the Courts. If you consider how the Court would frame an order in this case, it becomes even more apparent. “BHO is hereby enjoined from entering the White House or exercising executive powers?” And what happens when he just keeps on issuing executive orders? Are the federal marshals going to arrest him? Not a chance.
The second remedy would be, of course, impeachment.
Courts have appropriated far more power than assigned by the Constitution. This is a political issue not resolvable by Courts in any appropriate manner.
Unh uh. You can't break out "Eligibility of the President" from the normal Duties of the courts in administering the Constitutionality of our laws.
If the court has no power to rule on the Constitutional requirements for Eligibility, they have no power to rule on any constitutional issue. Whatever their source of power for Ruling on the constitutionality of other issues, it likewise encompasses the constitutional requirements of Presidential eligibility.
They just don't want to do it, and they happen to have the power to say "Let this cup pass before me."
From that page the first question is;
Question: What happens if the President-elect fails to qualify before inauguration?
Answer:
If the President-elect fails to qualify before inauguration, Section 3 of the 20th Amendment states that the Vice President-elect will act as President until such a time as a President has qualified.Then further down on that page is another question.
Question: Who verifies if a candidate is qualified to run for President?
Answer:
The Office of the Federal Register at the National Archives and Records Administration administers the Electoral College process, which takes place after the November general election. The Office of the Federal Register does not have the authority to handle issues related to the general election, such as candidate qualifications. People interested in this issue may wish to contact their state election officials or their Congressional Representatives.
In light of this answer I emailed the contact for that page the following.
From: Greg XXXXXXX
Sent: Wednesday, September 25, 2013 3:23 PM
To: 'electoral_college@nara.gov'
Subject: US Code 3On this page "Previous Questions of The Week." here http://www.archives.gov/federal-register/electoral-college/previous_questions.html
There are two questions I would like to address, the First one is "What happens if the President-elect fails to qualify before inauguration?" And the answer is correct as it states the process described in the 20th amendment and US Code 3 Sec 19. US Code 3 describes the process of counting the electoral vote for President and Vice President during a joint session of congress.
Then a subsequent question "Who verifies if a candidate is qualified to run for President?" That answer is not very specific. You mention the Office of Federal Register at the National Archives but go on to state it is a states issue. Well in section 11 we see the first mention of the Archivist. But there are three other copies of the certificates, one set being delivered to the President of the Senate. Then is section 15 we see that two tellers from each house previously selected and are handed the certificates for opening and are dealt with in an alphabetical order. It goes on to explain and clarify the counting process.
The word qualify does not appear until section 19 when it mentions the President "elect." This is because we have determined who the President and Vice President elect are. That is the point where qualifications are to be handled. In fact section 19 describes every different situation where someone other than the President elect would assume to act as President and in each case it also declares that that person needs to be "qualified". It is mentioned "nine" times! Now how can one think that any other person or body be responsible for seeing that in these different situations involving the qualification of the President and Vice President elect, or any of the other situation listed, be handled by but Congress?