Eligibility and the 12th Amendment

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Chilidog
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Eligibility and the 12th Amendment

#1

Post by Chilidog » Sat Jan 21, 2012 3:46 pm

Birthers like to cite the NBC clause of Article II, Section one all the time. However, I would like to propose the idea that that clause is largely irrelevant in light of the 12th amendment. For instance, supposing Arnold Swarzenegger ran for president and received enough electoral votes to win, Supposing, also, that Congress declined to object or otherwise act to remove him.He would be a valid president. Somewhere I read a quote from a senator at the time that the 12th amendment was passed that expressed this very idea. (although not this specific example, ;)) Is anyone familiar with this quote and can reference it's origin? Thanks.

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Sterngard Friegen
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Eligibility and the 12th Amendment

#2

Post by Sterngard Friegen » Sat Jan 21, 2012 4:01 pm

The 12th deals with the new way (as of 1804) to elect POTUS and VPOTUS, so that they can be from the same political party. It prohibits electors from one state from voting for POTUS and VPOTUS candidates if both are also from their state. And the last sentence of the amendment makes it clear by implication that the other requirements remain in effect (NBC and 14 year residency):But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Curious Blue
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Eligibility and the 12th Amendment

#3

Post by Curious Blue » Sat Jan 21, 2012 4:28 pm

It's the 20th Amendment, not the 12th, which explicitly empowers Congress to determine whether or not a President qualifies for office: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 [highlight]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[/highlight].

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Chilidog
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Eligibility and the 12th Amendment

#4

Post by Chilidog » Sat Jan 21, 2012 8:48 pm

thank you both.I don't see anywhere where the individual states are empowered in any way, other than the method of election of the electoral collage delegates.

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ZekeB
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Eligibility and the 12th Amendment

#5

Post by ZekeB » Sat Jan 21, 2012 9:19 pm

For instance, supposing Arnold Swarzenegger ran for president and received enough electoral votes to win, Supposing, also, that Congress declined to object or otherwise act to remove him.He would be a valid president.I suspect the Ahhhnold would not be able to overcome the legal challenges thrown in front of him BEFORE he is inaugurated.
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