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

First Impressions (companion to Michigan Law Review) ^ | October, 2008 | Daniel P. Tokaji

[Dajjal]

The 2008 election cycle has been a busy one for legal disputes over the qualifications of presidential candidates, with federal cases having been filed to challenge both major candidates’ eligibility under the “natural born Citizen” clause. These cases unquestionably present vital questions of constitutional law, touching on matters of self-evident national importance. It is doubtful, however, that they are justiciable in lower federal courts. Standing requirements and the political question doctrine make it unlikely that a federal court will reach the merits in cases of the type filed to date.

[Dajjal]

First Impressions, an online companion to the Michigan Law Review.

The whole September issue is a symposium on whether John McCain is or is not a "natural born citizen." Useful info, definitions, etc. for those watching Berg v. Obama, also.

http://www.michiganlawreview.org/firstimpressions/vol107/mccain.htm

[SeaHawkFan]

It’s a constitutional issue, so it would be proper for the courts to determine. IF Obama is not a natural born citizen and wins the election, there will be a march on Washington D.C. and Congress by millions of very mad citizens if Congress attempts to install Obama as President.

[SpaceBar]

From the article...

Another case challenged Senator Obama’s eligibility to serve as president. The complaint in Berg v. Obama was filed in the U.S. District Court for the Eastern District of Pennsylvania shortly before the 2008 Democratic National Convention. It alleged that Obama does not satisfy the Constitution’s natural born citizen requirement because he was born in Kenya, not Hawaii as he claims. The complaint also claimed that, by virtue of Obama’s moving to Indonesia with his mother as a child, he lost his U.S. citizenship. Although the assertions in this complaint are extremely far-fetched, in the highly unlikely event that these allegations could be proven, they appear to present a strong argument against Obama’s eligibility.

[17th Miss Regt]

The complaint also claimed that, by virtue of Obama’s moving to Indonesia with his mother as a child, he lost his U.S. citizenship.

This is wrong. He lost his American citizenship (if he ever had it) when he was adopted by his mother's husband, an Indonesian citizen.

[DBrow]

btt

[cripplecreek]

Although the assertions in this complaint are extremely far-fetched, in the highly unlikely event that these allegations could be proven, they appear to present a strong argument against Obama’s eligibility.

Kind of an interesting statement.

[the Real fifi]

The Supreme Court has long imposed very strict rules about relinquishment of US citizenship and the adoption of a child by a foreigner doesn’t meet the test of a freely made,deliberate and knowing relinquishment.

[YellowRoseofTx]

Although the assertions in this complaint are extremely far-fetched, in the highly unlikely event that these allegations could be proven

No bias there

[Gemsbok]

RUSH talking about the BIRTH CERTIFICATE issue right now.