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

To: Lurking Libertarian
You're mixing up two separate concepts. Many states have procedures whereby any voter can challenge a candidate's eligibility for office. Numerous election contests were filed against Obama this year; at least two of them (Indiana and Georgia) went to full trials. Every state in which a challenge was properly filed ruled that Obama was a natural born citizen.

Sorry, but I didn't mix up separate concepts at all. The issue was about how to overcome standing. And of the two states you cited, only one ruled that Obama was a natural-born citizen, but it was based on the ruling in the other state which NEVER ruled that Obama was a natural-born citizen, and its own judicial citings contradicted the idea that Obama could be a natural-born citizen.

Standing in federal court follows different rules.

Most state laws are similar to the federal laws, so this is generally a moot point.

Since at least the 1920s, the Supreme Court has said that if everyone has standing, then no one does-- meaning that if an issue affects every citizen equally, then it is something to be decided at the ballot box, not in court.

The standing doctrine applies to deciding the Constitutionality of legislation and NOT to the part I quoted, which says that ALL citizens have a right to a government that is administered according to law. This means that a citizen would NOT have to prove legal standing in an eligibility challenge because it is inherent depending on the laws of the state. And second, you're contradicting yourself because you're acknowledging that there are eligibility laws that do not require legal standing because ANYONE and EVERYONE who can legally vote has a right to challenge a candidate's eligibility in any particular state, depending on the applicable laws. If someone is denied that right, then they would certainly have legal standing to sue their state over the denial of that right.

32 posted on 01/18/2013 9:20:21 PM PST by edge919
[ Post Reply | Private Reply | To 30 | View Replies ]


To: edge919
And of the two states you cited, only one ruled that Obama was a natural-born citizen, but it was based on the ruling in the other state which NEVER ruled that Obama was a natural-born citizen, and its own judicial citings contradicted the idea that Obama could be a natural-born citizen.

I'm not talking about the Ankeny ruling in 2008. Indiana had a full trial in 2012, where Orly Taitz called her expert witnesses to testify about the alleged forgery of Obama's birth certificate. The court ruled that her experts hadn't shown any falsity and that Obama was a natural born citizen. Georgia, New Hampshire and New Jersey also had administrative hearings and held the same thing.

And second, you're contradicting yourself because you're acknowledging that there are eligibility laws that do not require legal standing because ANYONE and EVERYONE who can legally vote has a right to challenge a candidate's eligibility in any particular state, depending on the applicable laws.

I'm not contradicting myself. Standing rules are different in state court and federal court. If you sue in federal court trying to apply state standing rules, the courts will toss you out.

If someone is denied that right, then they would certainly have legal standing to sue their state over the denial of that right.

And they did, in Georgia, Indiana and other states. Those states ruled that Obama was a natural born citizen.

39 posted on 01/19/2013 8:47:50 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 32 | 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