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Reply #21: Thanks for the questions, here are the answers [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 11:38 AM
Response to Reply #20
21. Thanks for the questions, here are the answers
1. First, in order for Congress to decide anything, the duty or ability to do so must "devolve" upon them. Article II clearly states the Representatives and Senators may NOT be electors. Therefore, they may not vote for who is President or Vice President except in the cases specifically provided for in the Constitution, such as death of the president or no candidate receiving a majority. Congress has by statute attempted to expand their power, unconstitutionally, giving them broader "authority" via statute. But the Founders were adamantly against the legislative branch choosing the executive, except in the narrow cases where the right devolves. I don't see any clear authority to second guess the election based on "qualifications" and indeed such qualifications in the constitution have historically been ignored completely by the Congress, with 6 reps and senators serving even though clearly too young under the constitution (another form of "birth certificate" issue)

2. It's basically an urban legend that the people don't have a constitional right to vote for president. They do once legislatures decide the manner of electing electors is a popular vote, at which point even Bush v. Gore recites that the constitutional right to vote ATTACHES. Every state since the Civil war, essentially, has chosen the popular method of voting for electors, so as a practical matter this distinction suggesting there's no constitutional right to vote is technical at best. In any event, the right to vote predates the constitution, created and ratified the constitution itself, and comes from state constitutions and inalienable rights to alter or abolish the forms of government that long predate the Constitution itself. Many state constitutions recite that the right to alter or abolish is inalienable -- not even a constitution can change such a thing. It's like the right of self-defense. Even a constitutional amendment purporting to take away the right of self-defense from some or all people would not be valid.

3. The right to vote has been classed as a fundamental and constitutional (and above) right for over a century. Elections are provided for in the Constitution, and more than one amendment provides for no DISCRIMINATION in the right to vote. THe right to vote is CLEARLY thought to exist without need of an affirmative constitutional text or amendment, consistent with the above. It's omission is not a stupid omission.

4. Weaponizing the Constitution. The constitution applies to limit the powers of government and shape its forms, not to limit the power of the sovereign people. Constructions of natural born turn the constitution around and attempt to use it as a weapon against the people's choice. That's not what the constitution works on (the private sector)-- the constitution doesn't even protect us against corporations -- it is simply inapplicable to anything except government action or laws passed by government.

5. Any challenge to qualifications had to be brought before the election. Any other result disfranchises a supermajority of all americans, means that they allowed a "fake election" to go forward. Whoever, in effect, did that, whether Congress or what have you, should not be rewarded with the right to pick the president themselves.
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