Quote:
Originally Posted by Platapus
Your question is not worded very clear. How can a person be "unconstitutional"?
Each candidate for President has to originally register with their individual state board of elections. It is the state board that establishes eligibility for that election. Challenges for eligibility go back to the specific state board of elections. The FEC focuses on financial matters, not eligibility matters.
I am not aware of any circumstance where a candidate's eligibility would ever get to the Supreme Court of the United States.
The SCotUS only has original jurisdiction in accordance to 28 USC section 1251 and focuses primarily with disagreements between states.
After a person is elected President, the they can only be removed through Impeachment by the House and conviction by the Senate. The Supreme Court (specifically the Chief Justice) only gets involved if the impeachment is against the President. The rest of the Justices are not involved.
Does any of this answer your question? If not, could you please be a little more specific. I will be glad to get the answer back to you.
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My question was a lame joke attempt, referring to Santorum's urge to attack the separation between religion and state. So if he had the chance to act out on this, he would attempt to violate fundamental constitutional principles (or in this case violate the Bill Of Rights)
In the German constitution, the first paragraphs enjoy a special protection and are not eligible to be changed (basically the paragraphs concerning basic human rights, but also the separation of power). Due to the German history, there is also a right of resistance against any entity that tries to change that. So in this case, the German head of the state could be impeached.
Thanks for your extensive answer though.
As you encouraged me to ask: What would be the role of the Chief Justice in the case of an impeachment? And could the state board deny someone to become eligible as the President when for example he runs on the platform to abolish the Congress and establish a dictatorship?