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onenote

(46,228 posts)
41. Again, you're wrong.
Thu Jan 5, 2017, 10:43 PM
Jan 2017

There is nothing in the Constitution that suggests that the eligibility requirements specified therein are binding on the states but not the federal government and that they could only be changed by the states if there was a constitutional amendment but can be changed by Congress without an amendment. That's just nonsense.

And again, the eligibility requirements are not a minimum set of requirements. They are an exclusive list of requirements. I've explained that already so I'm not going to bother doing so again.

Keyes v. Bowen suggests that parties, in the first, instance, vet candidates to see if they satisfy the constitutional eligibility requirements. Could Congress mandate such vetting? Not if the vetting involves consideration of anything outside the constitutionally prescribed requirements. Put another way: a state can't directly or indirectly make disclosure of medical records, tax returns, criminal records etc a condition of ballot access and the federal government can't do so either. On the other hand, a state might be able to directly or indirectly require proof of age of a candidate and the federal government might be able to direct the states to obtain such proof. But that's because age is one of the constitutionally prescribed eligibility requirements.

Finally, there is an easy answer to your question about a treaty that purported to impose additional eligibility requirements on a president: Treaties cannot supersede the Constitution, something that has been recognized by the courts for a very very long time: “It need hardly be said that a treaty cannot change the Constitution or be held valid if it be in violation of that instrument.” The Cherokee Tobacco, 78 U.S. (11 Wall.), 616, 620 (1871).

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At the very least. Yes. n/t Guilded Lilly Jan 2017 #1
Wasn't California going to pass a bill to make this a ballot access requirement? LonePirate Jan 2017 #2
States are going to get creative now- NY w tuition, Cali w this law.. bettyellen Jan 2017 #10
Yes and there is a similar bill being pursued here in Massachusetts as well mythology Jan 2017 #27
I think you're on the right track and they should be considered as part of the financial disclosures Arkansas Granny Jan 2017 #3
It would act as a pre-filter SHRED Jan 2017 #4
Agree mountain grammy Jan 2017 #5
What I think is irrelevant; if it's not in the Constitution it doesn't matter. brooklynite Jan 2017 #6
But the KGOP is all about state's rights. If states pass laws barring anyone from being on the OregonBlue Jan 2017 #7
ahh..but income tax wasn't levied when the Constitution was drafted. sdfernando Jan 2017 #13
OF COURSE it's in the Constitution eniwetok Jan 2017 #19
And would be shot down unanimously by SCOTUS Uggwearingdad Jan 2017 #20
specifically what crap? eniwetok Jan 2017 #21
Imposing qualifications beyond those in the Constitution is unconstitutional onenote Jan 2017 #22
Well played... Uggwearingdad Jan 2017 #23
you're not defending your own argument. eniwetok Jan 2017 #25
Message auto-removed Name removed Jan 2017 #30
that decision was about state term limits for Congress eniwetok Jan 2017 #24
The fact that you like to make up your own version of the law doesn't make it real law. onenote Jan 2017 #26
Are you running from your own post? eniwetok Jan 2017 #28
No. I'm not sure what would remotely make you think so. onenote Jan 2017 #29
Message auto-removed Name removed Jan 2017 #31
Yes, I've been part of those discussions as well. onenote Jan 2017 #32
because eniwetok Jan 2017 #38
Again, you're wrong. onenote Jan 2017 #41
we're never going to agree eniwetok Jan 2017 #42
The bounds of the Constitution have been expanded since Hamilton proposed a national bank. eniwetok Jan 2017 #43
Actually, it may be OK for the individual states to require tax returns to be on the ballot. WillowTree Jan 2017 #33
No it wouldn't onenote Jan 2017 #35
Hmmmmm.........of course you're right. WillowTree Jan 2017 #37
Message auto-removed Name removed Jan 2017 #36
I agree with half your statement. The other half is a legal and logical fallacy. LanternWaste Jan 2017 #34
Absolutely. BlueMTexpat Jan 2017 #8
Sad that it should have to be a requirement ToxMarz Jan 2017 #9
And a world geography exam, US Constitution exam, They_Live Jan 2017 #11
How would you get those currently elected to vote TNNurse Jan 2017 #12
You'd have to do what they always do, exempt hughee99 Jan 2017 #16
Tax returns a must bdamomma Jan 2017 #14
Absolutely n/t TicaTwo Jan 2017 #15
It's a good idea, but will require legislation. MineralMan Jan 2017 #17
good idea ...... never get to the floor Angry Dragon Jan 2017 #18
AGREE 100% TrekLuver Jan 2017 #39
All candidates need to be vetted in regards to money owed, and what, countries/mobsters sarcasmo Jan 2017 #40
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