• Boddhisatva@lemmy.world
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    10 months ago

    Actually, in this case they would. The Constitution notes three requirements to hold the office of President. The President must be at least 35 years of age, a natural born citizen, and must have lived in the United States for at least 14 years. If someone were to file a suit claiming that a candidate wasn’t a natural born citizen, or that they hadn’t lived in the USA for the required 14 years, then it would be up to a federal judge to handle that case. Not the individual states. The 14th Amendments simply adds to that list of requirements that the individual must not have engaged in insurrection, etc. after having sworn an oath to the USA.

    State’s can and do make their own requirements to be on the ballot but this issue will, in the end, need to be resolved at the federal level.