Jay
Your point is a good one, One that the attorney general will no doubt make unless he decide to help me make my case for the good of the people he also represents. (fat chance !) The fact that the constitution provides a 'what if' does not mean that the states and the respective parties cannot make every effort ahead of time to qualify the candidates. It is in fact their sworn duty.
Now just because the state Secretary of State set some reasonable minimal documentation requirements - that does not mean that the proffered documents could not still be challenged which court challenge such as Berks would drag at court speed possibly invoking the constitutional provisions you referenced, In fine, the presence of the contitutional safety net does not preclude state or FEC proactive efforts to ensure a peaceful electoral system. That is the case I intend to make - not whether or not Obama is a natural born citizen - I leave that in Berk's hands.
Steve
Mr. Marquis,
I read your press release concerning your court action with interest. This question needs to be cleared up.
However, there seems to be no requirement in the law for any election officials to certify that candidates for President are qualified - natural born citizen, age 35+, residence in US 14+ yrs.
I call your attention to the 20th Amendment, Section 3 which is the governing law. It provides for the possibility that a President elect (or Vice President elect) may not be able during the time after election by the Electoral College and before Inauguration to demonstrate that he is qualified (natural born citizen, age 35+, residence in US 14+ yrs) and thus would need to be replaced before Inauguration.
"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."
I think this is how this charade will play out, undoubtedly with the confusion and violence that you expect. Yet, I cannot see how this could be resolved before the candidate is elected by the Electoral College, as I am afraid that you and Mr. Berg will find out.
Unfortunately, the means by which a President elect's proof of qualification (natural born citizen, age 35+, residence in US 14+ yrs) is demanded, reviewed and affirmed is not specified. So I am sure this will be a Supreme Court issue.
Regards,
Jay
Blog Exchange with Don Ward
http://blogs.seattleweekly.com/dailyweekly/2008/10/barack_obama_born_in_the_usa.php#more