No court reviewing an election challenge is going to see the entire American population as an injured class since tens of millions of people indicated their lack of injury by voting for Obama, more than voted against him, twice.
“Obama is ineligible” attorneys have designated a class of injured citizens by representing individual and specific groups of plaintiffs. There has been no class action lawsuit on behalf of “the American People” v. Barack Obama.
Many “Obama is ineligible” lawsuits have been dismissed for failure to state a claim on which relief can be granted, which is the court’s way of saying “we cannot remove an elected federal official,” that’s the job of Congress.
Also, the 50 state ballot challenges heard in 2012 in 22 states were not dismissed for lack of standing. They had rulings that Obama was eligible for a state’s ballot. Several of those challenges are still pending on appeal.
For example, in the Florida ballot challenge: Voeltz v Obama, Judge Terry P. Lewis, of the Leon County, Florida Circuit Court ruled: “However, the United States Supreme Court has concluded that ‘[e]very person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States. ‘Other courts that have considered the issue in the context of challenges to the qualifications of candidates for the office of President of the United States have come to the same conclusion.”—June 29, 2012
http://www.scribd.com/doc/99025994/FL-2012-06-29-Voeltz-v-Obama-order-dismissing-amended-complaint
It’s fine that you choose not to respect the decisions of courts but your lack of respect for rulings has zero impact on the judicial process.
I see three alternatives for dismissals for lack of standing:
1) Recruit new plaintiffs who have standing. Can you imagine the world wide media attention that would be drawn to “McCain, Romney, Palin & Ryan v. Barack Obama?”
2) Pursue legal remedies via the criminal justice system where standing is not an issue: forgery, election fraud, identity theft, perjury, et. cetera.
3) Use the constitutional process designated for the removal of a federal official: impeachment & trial/conviction in the Senate.
That is a subjective choice. Violations of Constitutional law ARE the business of every American citizen.
Many “Obama is ineligible” lawsuits have been dismissed for failure to state a claim on which relief can be granted, which is the court’s way of saying “we cannot remove an elected federal official,” that’s the job of Congress.
The only relief within the court's power, is to establish a finding of fact. Relief need not constitute an order from the court that Obama be removed from office, merely a sound judicial ruling as to whether or not he was there legally in the first place. In the presence of such a ruling, the Congress would be hard-pressed not to act in their capacity.
Also, the 50 state ballot challenges heard in 2012 in 22 states were not dismissed for lack of standing. They had rulings that Obama was eligible for a state’s ballot. Several of those challenges are still pending on appeal.
I expect nothing to come of it. The legal system is loath to admit a mistake.
“However, the United States Supreme Court has concluded that ‘[e]very person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States. ‘Other courts that have considered the issue in the context of challenges to the qualifications of candidates for the office of President of the United States have come to the same conclusion.”—June 29, 2012
But this is bad logic. Asserting that someone becomes a citizen at birth (through the operation of subsequent law which did not exist in 1787) does not establish that this constitutes a "natural citizen" as was meant by article II.
It’s fine that you choose not to respect the decisions of courts but your lack of respect for rulings has zero impact on the judicial process.
I don't regard the sun as rising and setting by the opinions of courts. I preach disrespect regarding them, and I hope eventually to see this notion avalanche and become a dominant meme among the American Population. I believe it is in the Interests of the nation to denounce our current judiciary, and refuse to respect their nonsensical decisions.
They do not rule, We the People rule. They are our servants, and we need to make them answerable to us. Failing that, the least we can do is to mock and ridicule them as a nonsensical body and ever present threat to our freedom. Thomas Jefferson regarding the courts.
You seem to consider the judges the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges … and their power [are] the more dangerous as they are in office for life, and are not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves … . When the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity. The exemption of the judges from that is quite dangerous enough. I know of no safe depository of the ultimate powers of the society, but the people themselves. …. — Letter to Mr. Jarvis, Sept, 1820
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1) Recruit new plaintiffs who have standing. Can you imagine the world wide media attention that would be drawn to “McCain, Romney, Palin & Ryan v. Barack Obama?” 2) Pursue legal remedies via the criminal justice system where standing is not an issue: forgery, election fraud, identity theft, perjury, et. cetera. 3) Use the constitutional process designated for the removal of a federal official: impeachment & trial/conviction in the Senate.
None of that will happen, mostly for social reasons. McCain would rather see the nation ruined before suffering the embarrassment of questioning his opponents legitimacy. The entire establishment legal and social system feels the same way.
The thought that society would mock them is just too powerful for them to face. Ergo they will not make waves.