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To: Tau Food

“It might be reasonable to ask, but my bet is that a court will tell you that it does not issue advisory opinions...”

If Cruz runs, his opponents may well file suit arguing he doesn’t meet the required criteria. That gets laughed at when the person was born inside the USA (Obama), but won’t be so easy when it involves someone born outside of the USA. Nor will it be a request for an advisory opinion, but a genuine lawsuit with some doubt about the outcome.

It would not involve a court deciding an election, but a court determining if a person born to a US citizen mother while in Canada is qualified. Alternatively, if the US Senate issued an opinion, it wouldn’t be binding, but it probably would suffice for a court to duck the issue.

Remember, both McCain and Obama HAVE faced genuine court cases. They did not turn out the way birthers wanted, but the lawsuits were justified and ruled on.


1,223 posted on 03/11/2013 9:42:04 PM PDT by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
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To: Mr Rogers
I will be very surprised if the Supreme Court ever attempts to insert itself in the presidential selection process to try to make a finding that a candidate is unqualified to be president.

I can see by reading the posts here that many people believe that the Supreme Court can do anything it wants anytime it wants, but judges are very conscious of their limitations. The judiciary has no army. it depends on the executive branch to enforce (give meaning to) its opinions. The judiciary has no independent source of funding. It relies entirely on the Congress and the President for funding. Without the continuing support of these other branches of government, the judiciary has no power at all. Without some basic level of continuing support from the public, the power evaporates.

1,234 posted on 03/12/2013 8:33:53 AM PDT by Tau Food (Never give a sword to a man who can't dance.)
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