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Reply #32: Here is the answers [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 05:12 PM
Response to Reply #26
32. Here is the answers
1. What if the Congress gets it wrong as a matter of fact?

Too bad so sad. Congress is the final authority as to the eligibility to serve as president. If the Congress gets it wrong as to a matter of fact, the Congress shall suffer political consequences for that action, but the president-elect thus disqualified will never take office. Most likely, if one house of congress were to get it wrong, it would be the House of Representatives. Due to debate rules within the Senate, that body is more deliberative and thus it would be less likely for the Senate to get it wrong as a matter of fact. It would be extremely unlikely for both bodies to get it wrong as a matter of fact.

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

The Congress CANNOT get it wrong as to a matter of law because under the constitution, the Congress is the final authority as to the eligibility of the President-Elect. If the Congress should ever disqualify a president-elect, that is the law.

The point being, though, is this is a last ditch check on the qualifications of a president-elect. The true authority resides with the several states and their election laws with a piece of that authroity handed over to the electorate in making the choice on election day. There has never been a case where the Congress overthrew the results of the Electoral College and presumably there never will be as the states in placing names upon the ballots and the process of political party primaries/caucuses would weed out those who are, in fact, ineligible. Occasionally, an odd third party candidate will appear on a ballot and not be eligible under the requirements of the constitution. This has happened numerous times in the past and has had no effect upon the final outcome of any election.
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