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Reply #22: You are forgetting the statutory high bar to disqualify a President Elect [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 10:48 AM
Response to Reply #21
22. You are forgetting the statutory high bar to disqualify a President Elect
First, you must have objection raised by at least one Senator and one Congressperson. that's a fairly high bar to begin with as it carries political risk.

The second bar is acceptance of the objection within each house of Congress. That's an even higher bar as it presumes that both Senators and Congresspersons would be required to go against the will of the electorate within their districts and/or states. The poltiical risk would be extreme unless an overwhelmingly convincing case against the qualifications of the President Elect are raised within the written objection.

In other words, absolute proof the COLB presented already by Barack Obama is a forgery coupled with an absolutely proven document as to his actual birth place would be a requirement to even hope to hit that bar.

This is the final check on the choosing of a president within the Constitution. It's there for a reason, but carries the same political risk that articles of impeachment would carry in an actual presidency.

So in essence, the Several States hold the power of judgement as to qualifications in the choosing of the electors. The States have abrogated that judgement to a jury of the electorate in the manner in which those electors are chosen. The Congress serves as the final appeal as to questions of qualifications. As was seen in the 2004 election, raised objections are nearly a non-starter and have never played a role in the choosing of a president.
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