[browardchad]

Very well-done article.

Yes, it is. I wish more people would read it.

So here, I'll post the link again.

The Justiciability of Eligibility: May Courts Decide Who Can Be President?

[bvw]

I don't agree with all of it, but I not a fan of stare decisis either. I'm a common sense, common law guy. I'd never let process trump common moral sense. I respect the law, but even the best of laws can be used to oppress, unless moral common sense trumps process.

In Dred Scott process won. It was a completely logical ruling, fully informed with stare decisis and the legal process of the time. Wonderful ruling!

In Terri Schiavo's case process won. She was murdered by order. Oh what a process!

Black hearted rulings both. It is what happens when process trumps the ideals of Liberty and Law both. Neither Law nor Liberty will stand long on ground where blood runs because Judges put process before moral common sense.