BuckToothMoron
Gold Member
- Apr 3, 2016
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Inert from a legal sense, but the political fallout?Yes, I think the states do have the power but I doubt they would choose to exercise that power. The Secretary of State could just have the candidate certify that he or she meets the constitutional requirements. Some states may already do this.It seems to me that since it's a national requirement in the US Constitution, the qualification should come at the national level, say the Federal Election Commission. If the decision was made at the state level it could easily become a political decision in which a presidential candidate is struck from the ballot in some states yet the vice president candidate would remain on the ballot.I think your dreaming. The case would have to go through lower federal courts before the Supreme Court would considered hearing the case. I think the problem would be getting the lawsuit into federal court. The plaintiff would have be able to show how he would be personally harmed by a Cruz presidency.
The basic problem is no one has the responsibility of determining presidential eligibility.
I disagree. State Secretaries of State would have that responsibility. Essentially acting as gate keepers to that State's electorate.
The Secretary of State could, at the very least, force a court battle on the topic. And given the fact that the process of election as the method of assigning electors is entirely at the discretion of the state legislatures....and the Secretary of State is acting on their behalf, he'd almost certainly have standing.
The best solution is to eliminate "natural born" from the constitution and let the voters decide. Where you were born does not determine your loyalty, at least not today. If Cruz were born about a hundred miles further South in the US, that would not make him any better qualified..
Best perhaps, hypothetically. But in terms of practical solutions, its a little ivory tower. There's 0.0% chance that such a solution would be implemented to resolve Cruz's eligibility if it were seriously challenged. A court ruling, congressional ruling, or the decision of individual state Secretaries of State would be the arbiters for all practical purposes.
Oh, no one is doing shit. Not the Secretaries of State, not the Congress, not the Courts. This issue is essentially inert. Sil is smoking dreams.