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Reply #26: Ah, but here's my possibly premature question, before reading the rest of the thread.... [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 03:02 PM
Response to Reply #19
26. Ah, but here's my possibly premature question, before reading the rest of the thread....

"I made the case that the Congress , and solely the Congress, is constitutionally able to determine if a President Elect is qualified or not.

The SCOTUS has no authority to make such a determination under the constitution."

So what if the Congress gets it wrong?

And I'll split that into two parts:

1. What if the Congress gets it wrong as a matter of fact?

2. What if the Congress gets it wrong as a matter of law?

Are either the factual or legal findings unreviewable, as a matter of law?

You seem to be concluding that the determination is unreviewable as to fact or law, but I'd have to say that I am not a fan of unreviewable determinations by anybody.

I will say that I adamantly disagree with any suggestion that the "political question" doctrine is applicable to any of this stuff.

Further the notion that "the people have decided" strikes me as equally nutty. The "people decided" that "separate but equal" was a fine doctrine as well.
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