Quote:
Originally Posted by pghquest
not true at all...
An opponent does not have legal jurisdiction to question if a candidate passes constitutional muster to be elected legally.
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It is true. As far as I know, they're the ONLY people with legal standing to sue on the issue. In our country if someone violates a law and because of it you are harmed, then you have the legal standing to bring suit and ask for remedy (unless there is a specific exemption preventing the suit). That's how our legal system works.
In this particlar instance Obama would be violating the law (in particular article 2 section 1 of the US Constitution). The people being harmed would be the people who were also seeking the same office. As such, they would have standing to sue for remedy (Obama's disqualification).
Quote:
Originally Posted by pghquest
An example might be if Arnold Schwarzenegger decided to run for President. As his opponent you can question if he should be on the ballot, but being on the ballot and being sworn in is 2 different things.
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Huh? I don't understand your point here at all. What does the chronology have to do with anything? If Schwarzenegger decided to run, I imagine every single other Republican in the primary would sue within minutes of his announced candidacy to have him disqualified. If they didn't and he won the Republican primary, I image the Democratic/Green/Libertarian/American Constitution Party/Communist Party, etc candidates would all sue within minutes of his primary victory. If he somehow sneaked by and won the election, any of these candidates could sue afterwards as well.
Quote:
Originally Posted by pghquest
If those states decide he should be allowed to run, his opponents have no legal authority then to sue and neither does the citizens.
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I agree with you that citizens don't. The candidates absolutely do.
Quote:
Originally Posted by pghquest
If Schwarzenegger got on the ballot and won the election, its the responsibility of Congress to verify the candidate is legal to be sworn in..
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I agree kinda of. They swear to uphold and protect the Constitution. However, there is absolutely no procedure set up for such a circumstance. The congress doesn't double check to see if the president elect meets the qualifications set out in the Constitution (well, they don't really check at all in the first place - they don't do any kind of verification). I imagine impeachment followed by removal from office after conviction would be the method they'd choose to take.