Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Wally_Kalbacken

“No, but in fact I would bet that the result of this hearing on the briefs will be a dismissal for, among other things, lack of standing.”

How is it that an American citizen does not have standing when other cases, such as an environmentalist, have no problem getting their cases before a judge.


7 posted on 10/11/2009 9:02:21 PM PDT by taxesareforever (Release Staff Sgt. Frank Wuterich and let him and his family get on with their lives.)
[ Post Reply | Private Reply | To 2 | View Replies ]


To: taxesareforever

If you read many of the hardest hitting standing cases, it is conservative justices keeping the environuts out of the courthouse based on lack of standing.


9 posted on 10/11/2009 10:07:00 PM PDT by kukaniloko
[ Post Reply | Private Reply | To 7 | View Replies ]

To: taxesareforever

In some instances the federal statute grants standing to individual citizens (this is particularly true in the case of environmental legislation.)

Generally, a taxpayer does not have standing to challenge a federal expenditure. The exception is in first amendment challenges (e.g., where the expenditure was in the form of aid to education, that was to be spent through churches or religious schools - in those instances general taxpayers have been found to have standing to challenge.)

I do not know how you get standing or jurisdiction on the the Obama natural citizenship question. I think it (the idea of a President elected and inaugurated without being truly qualified) is an example of something so incomprehensible and unrecognizable to the drafters of the Constitution - that they did not address where the power to certify qualifications would rest in the organization of government. It’s an example of a problem which does not have a legal answer.


10 posted on 10/11/2009 10:33:16 PM PDT by Wally_Kalbacken
[ Post Reply | Private Reply | To 7 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson