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To: butterdezillion
I cannot respond to your argument. It's self contradictory on several important point and you're using 'selective agreement' for things you believe, but call into question things you don't believe. For Instance:

the Constitution has to specifically say that a political body is tasked with the job.

Okay, point out where SCOTUS is given this specific task?

So it's a political process because only Congress can impeach or ostensibly through impeachment de-certify the election. As an individual, or even as a minority group, you do not have the jurisdiction, standing, nor the right to declare Obama not eligible. Any argument from you declarying it so is pretty well much invalid. Which is why this hasn't gained any traction while looking for a judicial remedy. None exists.

93 posted on 10/28/2013 2:51:11 PM PDT by Usagi_yo
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To: Usagi_yo

Article III, Section 2

“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority... - to Controversies between two or more States... - between Citizens of different States...”

The “political question” doctrine is that the courts don’t address issues that the Constitution specifically gives to somebody else. For instance, the courts are not the place for a Congressman’s eligibility to be determined, because the Constitution directly says that Congress has that responsibility. It never does that for Presidential eligibility.

Another principle of Constitutional interpretation is that there are no words of the Constitution that are intended to be unenforceable. If nobody else was expressly given the job of doing something, the courts are required to handle any controversies or cases that arise because of what is in the Constitution.


100 posted on 10/28/2013 3:03:27 PM PDT by butterdezillion (Free online faxing at http://faxzero.com/ Fax all your elected officials. Make DC listen.)
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To: Usagi_yo

“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority”

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;”

The judicial power extends to all cases arising under the Constitution, which includes the requirements specified in Article II. There is nothing specifying Article II requirements, or any other matter of law, are to be adjudicated by the Legislative Branch.

Don’t be ridiculous.


101 posted on 10/28/2013 3:04:03 PM PDT by Ray76
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