But Congress can NEVER modify the NBC eligibility requirement without resort to the amendment process. John McCain was not a citizen when he was born in Panama, but was made a citizen retroactively by statute. He was not NBC at birth or retroactively. Therefore he is ineligible to be POTUS, IMO, but SCOTUS has never ruled on an on-point case.
The fact that the Senate passed a non-binding resolution waiving a wand and declaring McCain to be eligible was NOT a determination by "Congress" that McCain was eligible.
The resolution was sponsored by Leahy, Obama and Hillary...so it was probably a clever trap. The ACLU wouldn't be bound by such a resolution of eligibility and could have challenged McCain if he had won the election.
As to Congress certifying the election, the NBC issue was clearly given a pass (nullification, IMO) and the birth documentation never allowed to undergo legal discovery.
A "determination" by Congress based on sloppy legal research and blatant suppression of evidence gathering is shameful. I am hoping that Sheriff Arpaio has found something "shocking" as he claims.
The fact that no elected official agrees with you, proves that you are wrong.
You are wrong.
The fact that your crusade finds no venue of support, anywhere in this country, proves that you are wrong.
Congress had EVERY right to certify the eligibility of Obama.
Congress had EVERY right to certify the eligibility of McCain.
Congress did so, in both cases.
No Court will challenge Congress on those decisions.
This case is closed!