Wednesday, January 14, 2015

Report: Another Article II Presidential 
Eligibility Case Goes Before U.S. Supreme Court

Another case related to Obama's constitutional ineligibility has been appealed at the Supreme of the United States. The case originated out of California and includes two former presidential candidates.

Western Journalism reports:

U.S. Supreme Court Considers Presidential Eligibility Requirement Case

On behalf of former presidential candidates John Dummett and Ed Noonan, the U.S. Justice Foundation recently submitted a petition for certiorari to the U.S. Supreme Court to determine what safeguards are constitutionally mandated in ensuring a candidate is qualified to run. The action is in response to two previous court rulings suggesting California’s secretary of state does not have a responsibility to verify a presidential candidate’s status as a natural born citizen. 
The USJF petition cites the U.S. Constitution, specifically Article II, Section 2, which says state legislatures are tasked with determining eligibility. Given the nation’s current electoral process, the court document holds these lawmakers must provide voters with a choice between candidates who meet constitutional requirements for the position they seek. [...] Continued @ WJ. Hat tip Glen S.

From the official SCOTUS filing:



The late Chief Justice William Rehnquist observed in Bush v. Gore, 531 U.S. 98 (2000), that “there are a few exceptional cases in which the [United States] Constitution imposes a duty or confers a power on a particular branch of a State’s government.” Id. at 112 (Rehnquist, C.J., concurring). This petition presents one of those cases: whether the California legislature and its agent, the State’s Chief Elections Official, neglected their sworn duty to comply with the constitutional provisions governing the selection of the President of the United States.

Article II, Section 1, Clause 2 of the Constitution vests in the legislatures of the several States the exclusive power to direct the manner by which the electors for President of the United States shall be chosen. Pursuant to this expressly delegated power, the legislature of the State of California has determined to hold statewide elections to appoint the State’s presidential electors, delegating to the California Secretary of State the duty to administer such elections. Purporting to construe the State’s statutes conferring such authority, the California courts below concluded that the California legislature vested no duty upon the Secretary to take care that persons whose names appear on the general election ballot as candidates for the office of President of the United States meet the eligibility requirements of Article II, Section 1, Clause 5.

The questions presented by this petition are:

1. Whether the power vested in the California legislature by Article II, Section 1, Clause 2 to direct the manner of selection of presidential electors must be exercised in conformity with the presidential eligibility requirements of Article II, Section 1, Clause 5.

2. Whether the California Secretary of State has a duty to verify the eligibility of candidates for President of the United States before placing them on the official state ballot.

3. Whether California Election Code Section 6901 — which instructs the Secretary of State to cause the names of candidates for President designated by the several political parties be placed upon the ballot for the general election regardless of whether the candidate is constitutionally eligible to serve — violates the California Legislature’s duties under Article II, Section 1, Clauses 2 and 5 of the United States Constitution.

[...] Full Petition embedded below...

( Docket Link )