It's far from clear that the Twentieth Amendment gives rise to a private right of action. Cf. Golden State Transit Corp. v. City of L.A., 493 U.S. 103, 107 (1989) (Supremacy Clause doesn't create any enforceable rights). But, even if it does, nothing in the Twentieth Amendment states or implies that Congress has the exclusive authority to pass on the eligibility of candidates for president. The amendment merely grants Congress the authority to determine how to proceed if neither the president elect nor the vice president elect is qualified to hold office, a problem for which there was previously no express solution. See 75 Cong. Rec. 3831 (1932) (statement of Rep. Cable). Candidates may, of course, become ineligible to serve after they are elected (but before they start their service) due to illness or other misfortune. Or, a previously unknown ineligibility may be discerned after the election. The Twentieth Amendment addresses such contingencies. Nothing in its text or history suggests that it precludes state authorities from excluding a candidate with a known ineligibility from the presidential ballot. Lindsay v. Bowen, (9th Cir. 2014)
THIS CASEBOOK contains a selection of 38 U. S. Court of Appeals decisions that analyze and interpret election laws. The selection of decisions spans from January 2012 to the date of publication.