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To: Bridgetteb

There are two ways around the legal concept of Article Three Standing:
(1) There are no issues of standing in criminal courts. Those who oppose Obama’s eligibility have alleged criminal activities: forgery, fraud, perjury,
Election fraud, identity theft, just to name a few felonies. Why not prosecute those alleged crimes on the criminal side of the Justice system?
(2)There is no issue of standing in a congressional investigation looking into possible high crimes and misdemeanors. Congress also has subpoena power. Why hasn’t there been a congressional investigation in the House of Representatives of Obama’s natural born citizen status since the Republicans took control of the House?


22 posted on 01/18/2013 7:33:51 PM PST by Nero Germanicus
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To: Nero Germanicus
There should be a third way around standing. The Supreme Court noted a couple of general rights in Fairchild v. Hughes:
Free citizens would be deprived of their right to have such elections duly held ...
And
Plaintiff has only the right, possessed by every citizen, to require that the government be administered according to law ...
Because these are basic rights of every citizen, then there's no inherent need to have legal standing to challenge an election that was not administered in according to law, as in not conforming with the eligibility requirement in the Constitution.

Another failing in these legal cases is that under the Federal Rules of Evidence and similar states' rules of evidence (such as in Hawaii), that a vital record is considered to be hearsay and generally inadmissable unless the adverse party is given the opportunity to inspect a certified copy of such a record:

A party intending to offer a record into evidence under this paragraph shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of that intention to all adverse parties, and shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.

Arguably, anyone denied the right to inspect a certified, hard copy of Obama's alleged birth certificate in any of these cases is being denied a statutory right, and thus would have legal standing to insist on seeking redress of this particular grievance.

25 posted on 01/18/2013 8:06:23 PM PST by edge919
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