General Discussion
In reply to the discussion: Release of tax returns as a requirement [View all]Your original claim was
"Imposing qualifications beyond those in the Constitution is unconstitutional"
Based on
US Term Limits v. Thornton.
But a decision on what states can do with federal positions is somewhat irrelevant to the question of what CONGRESS might do. And even your cite "If the qualifications set forth in the text of the Constitution are to be changed, that text must be amended." may not apply simply because none of the existing qualifications are being negated... which would require an amendment. The question is whether qualifications can be added legislatively. You seem to believe that no law is truly legal unless ruled upon... but as we've seen, when politicians are masquerading as justices... rulings can bend towards arbitrary... Bush v Gore comes to mind.
And no, I'm not saying Congress would be doing something unconstitutional... you are. I've long held the reform-proof nature of the Constitution has created a need in both parties to devise clever ways to get around parts of it. The Constitution gives Congress the power to tax and spend for the common defense. How did that morph into the US becoming a global super power with forces all over the globe? I suspect much of that was based on mutual defense treaties. So what if Congress entered into a treaty with other nuclear powers to psychologically vet their top command and control leadership? Are your suggesting this would be unconstitutional? If so, specifically why? Keyes v Bowen suggests the parties vet their candidates. Are you suggesting it would be unconstitutional for Congress to mandate indirect vetting on that level. If so, specifically why? What if Congress merely amended tax law so the tax returns of anyone running for president were automatically made public? Are your suggesting this would be unconstitutional? If so, specifically why?