CONSTITUTIONAL MINUTE #25

So.

Who decides who is eligible to be president? How is this handled? Who makes the ruling? Do we “file a lawsuit” and let federal judges decide?

“Slap your hands” our Framers would say. They would say, “Read the Constitution and see what is supposed to happen.”

Read the 12th Amendment.

That sets forth the procedures for election of President and VP. Note that ELECTORS are supposed to be the ones making the selection – not The People. (There is a reason for that.)

For an illustration of how this works, go HERE (https://publiushuldah.wordpress.com/2012/02/09/national-popular-vote-goodbye-sweet-america)

So! Assume we followed the Constitution on this issue and we get to the part where Congress is counting the votes as provided by 12th Amendment.

And Lo! Congress discovers that the person who got the most votes for President is NOT QUALIFIED by reason of age, or not being a natural born citizen, or not having been for at least 14 years a Resident within the United States.

Obviously, it’s Congress’ job to make the ruling – to make the call – on whether the President and VP – selected by the ELECTORS – are qualified under Art. II, Sec. 1, clause 5.

So what happens if Congress finds that the person with the most votes for President is not qualified?

We look to Sec. 3 of the 20th Amendment.

It tells us what happens. “...if the President elect shall have failed to qualify, the Vice President elect shall act as President.”

Now, read the rest of that Section. We would also need to see whether Congress has made any of the authorized laws providing for such contingencies.

So, under the Constitution as written, it is Congress’ job to make the call as to whether the President elect and the VP elect are qualified.

This is NOT an issue for the federal courts to decide. That is because this is a “political question” – not a “legal question”.

And what if Congress gives an ineligible person a pass – as they did with Obama? Well then, shame on us – because WE are the ones who elected them.