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To: Born Conservative
I don't understand why this Standing Argument can't be settled. As an American Citizen the Constitution is a social contract to which I am a party. I have a right to expect my President to qualify for the job according to that document. If he does not qualify then my rights under that document (to a President who does qualify) have been abridged.

Voila! Personalized Individual Harm.

226 posted on 10/23/2008 6:36:58 PM PDT by politicalmerc (NObama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
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To: politicalmerc
As an American Citizen the Constitution is a social contract to which I am a party.

Not good enough. Your harm isn't particularized. It is not sufficient that you have suffered the same harm as the general public. Take a look at Ex Parte Levitt. In that case, Justice Black, while a member of the Senate, was appointed to the Supreme Court while having voted, during his Senate term, for a government funded pension for members of the Supreme Court. This violated the plain text of the constitution.

The Court held that this was nonetheless insufficient to confer standing because the plaintiff was only harmed as a member of the general public.

230 posted on 10/24/2008 5:00:44 AM PDT by Publius Valerius
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