Lawyers for Mr. Obama argue that courts can rule on eligibility only prior to election. After an election, Congress must deal with the issue through impeachment.
This is problematic because minor political parties (or citizens) may never be able to enforce eligibility for two reasons:
- They can not challenge through Congress without representation in the Congress.
- Prior to election, a minor party could not challenge eligibility in court because it is premature as there is no clear remedy without determination of who won the election. (There is no remedy if the challenged candidate loses the election.) After an election, the Federal courts say there is no one with standing to challenge because even defeated candidates and their political parties are no longer candidates with standing to challenge.
In effect, "We The People" are being told that we do not have standing, even opposing candidates and political parties' standing is challenged. So by election, the Constitution is amended without the proper process because judges wish to dodge the issue.
The only redress discussed was "wait for the next election and then challenge through a candidate." Which, for the above reasons, will not allow the enforcement of the Constitutional requirements to run for President. It seems that major political parties can put anyone they like on the ballet for President.
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