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Reply #10: The SCOTUS has no jurisdiction to determine eligibility. [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 11:01 AM
Response to Original message
10. The SCOTUS has no jurisdiction to determine eligibility.
Edited on Thu Dec-04-08 11:04 AM by IWantAnyDem
That jurisdiction resides with the legislations of the several states in how they determine the choosing of electors and with the Congress in how they certify the results of the Electoral College.

Under the constitution, the SCOTUS has no authority in this whatsoever. This is a check on the executive branch by the legislative branch as written into the constitution. The SCOTUS cannot interfere. In fact, the Congress would have the authority to nullify any decision by the SCOTUS in regards to this and there isn't thing one the sCOTUS could do about it as it is within the authority of the Congress to determine the outcome of the election. Only the Congress can declare a President Elect not qualified to be president (12th amendment).

So teh SCOTUS can do whatever it wants. This election gets decided in the Congress on January 6.
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