Can a State Amend Presidential Eligibility Requirements?

[Elderberry]

The Post & Email 7/30/2019

IF YES, WHY NOT ASK FOR A “BIRTH CERTIFICATE?”

On Tuesday, California Gov. Gavin Newsom signed a new law requiring presidential primary candidates to release five years’-worth of income-tax returns to be eligible to appear on the ballot for the March primaries.

According to The Los Angeles Times, the law will not apply to presidential candidates in the general election in November 2020.

Former California Gov. Jerry Brown vetoed a similar bill in 2017 on the basis that it could begin a process whereby states could ask for increasingly more information from candidates such as “certified birth certificates,” according to The New York Times.

Article II, Section 1, clause 5 of the U.S. Constitution sets forth three requirements for the president and commander-in-chief of the American military:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Over the years, much debate has ensued over the Framers’ intent regarding the term “natural born Citizen.”  Although many Americans interpret it to mean “born in the United States,” statements appearing in the Congressional Globe and several U.S. Supreme Court opinions indicate that the citizenship status of a person’s parents at the time of his or her birth was an equal factor.

More: https://www.thepostemail.com/2019/07/30/can-a-state-amend-presidential-eligibility-requirements/

[Fishrrman]

Methinks this issue is gonna end up at the U.S. Supreme Court.
If not next year, certainly at some time in the not-too-distant future.

[InHeavenThereIsNoBeer]

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress

[Bill Cipher]

Note that the rule applies to primaries, it does not apply to the actual election, so I’m not sure if this counts as having anything to do with eligibility to be president under the Constitution. 

[Wingnut]

I think California should elect its own president and let the other 48 1/2 states follow the constitution.

[Right_in_Virginia]

Read this...

http://www.gopbriefingroom.com/index.php/topic,370546.0.html

[Snarknado]

I think California should elect its own president and let the other 48 1/2 states follow the constitution.

Or the other 56 states, depending on who you talk to...

[Cyber Liberty]

Note that the rule applies to primaries, it does not apply to the actual election, so I’m not sure if this counts as having anything to do with eligibility to be president under the Constitution.

That's my opinion on this deal with CA.  The Constitution is understandably silent on the subject of Primary Elections.  There may be emanations and penumbras in play, but I don't know.

[Elderberry]

If Trump's name is not on the Primary Ballot in California then there will be no Republican Delegates from the state of California going to the Republican Convention that will cast their vote for Trump. At least in the first round of votes.

But that's of no consequence anyway, as is anyone running against him anyhow?

[EdJames]

This may be over-simplified, but I always thought that the political parties essentially ran the primary contests....  the party in a state would determine when it would be held, who is eligible to vote in it, etc.

How does a statute in a given state dictate what the state's political parties do as far as primary elections go?

 

[Elderberry]

This may be over-simplified, but I always thought that the political parties essentially ran the primary contests....  the party in a state would determine when it would be held, who is eligible to vote in it, etc.

How does a statute in a given state dictate what the state's political parties do as far as primary elections go?

 

The rule I recall that makes sense to me is the requirement to have X number of signatures from valid voters to have your name on the ballot. It thins the herd. It's also desirable, for me, to allow only those who are Constitutionally Qualified for the position to be on the ballot.

[truth_seeker]

--Tax returns

--Property ownership records

--Voter registration history

--Political contributions history

--Affiliations history; political parties, unions,

---Church tithing records

--Medical records; blood tests, MRIs, X-rays, CT scand, dental records


--DNA tests; including cousin matches, Haplogroups, origins estimates


Legal records and histories; jury duty, lawsuites, wins and losses


Business history; officer, director, partners, finalcials of business entitites affiliated with.


Nn-profit affiliations.

--Travel history.

Phama histories. Ever use min-altering drus?

--

[240B]

--any psychiatric treatment including informal counselors and therapists

--any affiliation with Alcoholics Anonymous or Narcotics Anonymous or Overeaters Anonymous or Jenny Craig

--any affiliation with Masons, Optimist Club, or Moose Lodge or VFW including entire members list

--any association with the NRA and all weapons and ammunition currently owned

--complete inventory of all internet and email activities including Amazon and Netflix

--whatever requirement we think of in the meantime while you are doing all this

[Fishrrman]

Perhaps it's time for the Republican party in California (or whatever is left of it) to abandon the primary system, and go to some other system by which they will obtain their candidate.

Caucuses, perhaps?

Or even smoke-filled rooms once again.

[truth_seeker]

Perhaps it's time for the Republican party in California (or whatever is left of it) to abandon the primary system, and go to some other system by which they will obtain their candidate.

Caucuses, perhaps?

Or even smoke-filled rooms once again.

Not sure the CA GOP could organize much.

[Free Vulcan]

--Tax returns

--Property ownership records

--Voter registration history

--Political contributions history

--Affiliations history; political parties, unions,

---Church tithing records

--Medical records; blood tests, MRIs, X-rays, CT scand, dental records


--DNA tests; including cousin matches, Haplogroups, origins estimates


Legal records and histories; jury duty, lawsuites, wins and losses


Business history; officer, director, partners, finalcials of business entitites affiliated with.


Nn-profit affiliations.

--Travel history.

Phama histories. Ever use min-altering drus?

--

Everything except a birth certificate!

[Cyber Liberty]

Everything except a birth certificate!

Oh, they require one, but they'll accept sloppy forgeries from candidates of the favored Party.