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To: BuckeyeTexan

Chief unJustice, John Roberts the pirate, has made it quite clear that he is not going to allow the issue to come before ‘his’ court. With that final blow to the rule of law, the Constitutional Republic ended. We now live in a federal oligarchy ruled by demcrats. The affirmative action past has finally caught up with us, murdering the once healthy Republic.


130 posted on 07/18/2009 6:40:16 PM PDT by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
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To: MHGinTN
I thought we weren't speaking. Truce?

We don't know that Chief Justice Roberts (+3) won't hear an eligibility case that is properly brought before them and is well-founded upon accepted legal principles. Try as I might, I haven't yet found a case (including Leo's) that unquestionably and resoundingly demonstrates standing as it is legally defined.

Granted for the sake of discussion that any one citizen should be able to challenge in court whether or not something is constitutional. It's the irrational but legal tying together of injury and causation that prevents these cases from being heard. We haven't the legal ability to demonstrate concrete injury that resulted (or will imminently result) directly from the defendant's actions. Take Orly's case regarding the reservist as an example. If the reservist voluntarily requests deployment, he cannot then demonstrate that the defendant's actions caused or will cause him injury. (One could argue that his own actions, rather than the defendant's, brought him closer to injury.) The mere possibility, however likely, that the reservist could be captured and tried as a war criminal does not demonstrate injury or imminent injury.

Since we cannot know how Chief Justice Roberts voted in conference on the eligibility cases, we cannot know with certainty that he does not want to hear a proper case on the merits. It is not within his power to prevent a case from being heard if four justices other than himself want to hear it.

I've often wondered if Roberts wanted to administer the oath of office to Obama or if he believed that he had no choice since the Congress certified the votes of the electoral college.

However, I do agree with Leo Donofrio's statement that it's all over for us as a Constitutional Republic, but that happened long before Obama came onto the scene. The "Greatest Generation" let us all down when they didn't challenge the usurpation and abuse of power in their generation.

131 posted on 07/18/2009 7:32:44 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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