I’m still holding to calling BS to that, unless the whole Supreme Court is rotted to core. A fundamental tenet of law is fraud vitiating all contracts and actions. At what point would or would not a fraudulent or unlawful leaders actions trigger this apparent “no do-overs” action?
A ruling allowing this at the government level nullifies the entire concept of the people of the Republic being the sovereigns at the base of the state.
I don't recall if it was you who I directed a "de facto officer doctrine" post to.
-- At what point would or would not a fraudulent or unlawful leaders actions trigger this apparent "no do-overs" action? --
It's a judgment call, but essentially the bigger the mistake, the longer it persisted, the more people it affects, the more likely the error will NOT be undone by the Court.
-- A ruling allowing this at the government level nullifies the entire concept of the people of the Republic being the sovereigns at the base of the state. --
BS. Sometimes people get into office who lack the "legal qualifications" like not old enough, or otherwise not allowed to hold the office (as opposed to being stupid). The courts have to deal with it, and they have to be practical about this sort of situation.
I'm not saying letting Obama assume the presidency isn't a big deal., it is a huge deal, and in my mind taints all of Congress. The institutions are out of Constitutional bounds, and the inhabitants ought to be forcibly removed. But as the DoI say, people will put up with tremendous shenanigans before they act.
Back to e facto officer ... I know of one case where an administrative court ruling was reversed because the judges lacked the legal qualifications. The action affected only one case, one person, so reversing it was not a monumental decision.
But there is literally no way to undo all the crap the the Obama administration did, via the courts. It has to be undone with the political process, laws, regulations, etc. And Trump is doing just that.
The Congress, in this instance the House of Representatives is the final controlling authority to certify Federal elections for their members and the Pres and VP.
If speaker Pelosi knowingly did falsify President Obamas eligibility She is the guilty party along with any complicit in her false act. Then the question becomes one not just of this act, but of I’ll gotten personal gains. These could certainly be prosecuted in criminal court.
Without being able to prove the first, all is just dirty politics of the worst kind, on both sides of the aisle.
Politicians do have the right to be stupid.
So do citizens.