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Reply #87: "never WARNED THEM" [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 10:59 PM
Response to Reply #73
87. "never WARNED THEM"

Actionable harm.

The Constitution doesn't say a 5 year old cannot run for president or cannot win the election. It says that a 5 year old cannot be president.

Now, we could elect someone who is over 35 but has only resided in the US for 13 years. What happens...

If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Now, you are saying essentially that the issue of qualifications is settled by the voters, since the voters deemed the president elect to be qualified.

Why then, does the Constitution note such a contingency as "if the President elect shall have failed to qualify".

In your reading, it is not possible for a President elect to fail to qualify, but the Constitution, which you are praising to heaven, indicates - as an expressly stated possible condition - that an individual can be elected, and yet not be qualified.
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