Posted on 01/09/2016 7:58:16 PM PST by Joachim
Not admitted in exactly those terms by the court, but if the courts won't hear a NBC case on the merits (because of standing, or judicability, or ripeness), enabling a non-NBC person to stay in the political process; and if that person wins the election and is seated by Congress, and if SCOTUS won't take it up after seating (because Congress is the judge of eligibility), then I'd say the issue of NBC for a president is not a question of law, even though it can (theoretically) be answered as a matter of law.
The Constitution may not be amended by Congressional act.
And, Congress is granted the power to make rule of naturalization, not to make rule of what is natural.
I think you and I are in 100% agreement on the legal analysis. I'm just adding my speculation that courts won't touch it on the merits when the candidate is from one of the major parties and the party doesn't contest the eligibility, especially when the candidate is doing well. Courts are very reluctant to interfere with the political process.
And then, if the political process delivers a president that is, as a matter of law ineligible, but the people believe is eligible, the Courts won't want to take the heat for raining on the people's parade, so they'll use the "people have spoken, it's a political issue" dodge.
A bit of an interesting aside, but did you know that a measure is introduced in every Congressional session, to amend the constitution to allow naturalized citizens to become president?
IIRC, Orin Hatch has made this one of his pet projects.
There is no hurdle. He is a natural born citizen, just as Goldwater and McCain were.
Now that funny, especially when it’s coming from you.
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