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To: A_Former_Democrat

Not that I agree at all with the FEC, but standing is quite an important element of a lawsuit, according to the Rules of Civil Procedure.


8 posted on 10/23/2008 7:23:58 AM PDT by CT-Freeper (Said the frequently disappointed but ever optimistic Mets fan.)
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To: CT-Freeper

On this issue “Rules of Civil Procedure” be dammed. Have him produce the Birth Certificate and get it over with. Forget the “Procedures” and prove to the American people, of which 50% want to know, that he is a citizen. Seems that democrats really don’t care. If they don’t care then anyone in the world can be our President. How about Chaves, or Castro?


22 posted on 10/23/2008 7:29:28 AM PDT by RC2
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To: CT-Freeper
Not that I agree at all with the FEC, but standing is quite an important element of a lawsuit, according to the Rules of Civil Procedure.

So who WOULD have standing for a complaint like this? It seems like the Constitution itself will bear the greatest injury, but lately the Constitution has been having trouble finding a good attorney.

31 posted on 10/23/2008 7:34:43 AM PDT by Constitutionalist Conservative (The Global Warming Heretic -- http://AGW-Heretic.blogspot.com)
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To: CT-Freeper

Who would have standing?


38 posted on 10/23/2008 7:39:59 AM PDT by lafroste (gravity is not a force. See my profile to read my novel absolutely free (I know, beyond shameless))
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To: CT-Freeper

That is my concern. I haven’t seen the case law, I’m not a lawyer BTW, but a lawyer who looked at it told me Berg doesn’t have standing. That brings up the question about why the court didn’t throw it out on that basis. I’m hoping the delay in the court doing anything is positive for Berg.

The Obama train has come close to running off the track a number of times. I’ve got my fingers crossed but I’m not holding my breath. I am trying to get people out to vote. That’s the real showdown.


42 posted on 10/23/2008 7:45:24 AM PDT by meatloaf
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To: CT-Freeper
Not that I agree at all with the FEC, but standing is quite an important element of a lawsuit, according to the Rules of Civil Procedure.

So WHO (We the American people?) have standing when it comes to that WE are "hiring" our President, hmmm???

45 posted on 10/23/2008 7:46:02 AM PDT by danamco
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To: CT-Freeper

If the plaintiff doesn’t have standing as a voting citizen, and the FEC doesn’t have standing, then who does? Somebody HAS to have standing for this constitutional issue. I think Obama would argue that no person or government body has standing so that his citizenship can’t be questioned.


57 posted on 10/23/2008 7:51:06 AM PDT by antiRepublicrat
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To: CT-Freeper
Not that I agree at all with the FEC, but standing is quite an important element of a lawsuit, according to the Rules of Civil Procedure.

True. But under what bizarre theory of "standind" does ANY US citizen not have standing to challenge the legal qualification of a candidate for presidency.

I'm not a lawyer (though I am the Pro Se Defendant from Hell with plenty of battle scars to prove it). But as I understand it, to have standing you have to show that you have a direct interest in the matter before the court, and that you stand to suffer damages.

I would argue that any US citizen meets that standard. Clearly, having a president in office who is not Constitutionally qualified damages every US citizen.

That said, I am not taking a position here on whether or not Obama is, in fact, a natural-born US citizen (although I do have my suspicions).

65 posted on 10/23/2008 7:55:24 AM PDT by Maceman (If you're not getting a tax cut, you're getting a pay cut.)
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To: CT-Freeper

the Constitution does not give standing to a private citizen? I don’t know, just asking!


66 posted on 10/23/2008 7:55:55 AM PDT by elpadre (nation)
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To: CT-Freeper
"Not that I agree at all with the FEC, but standing is quite an important element of a lawsuit, according to the Rules of Civil Procedure."

So who WOULD have standing? ACORN? NOBODY? If Sarkozy decided he's like to be simultaneously President of France and the US, WHO would "have standing" to challenge that?

You lawyers can't explain anything.

72 posted on 10/23/2008 8:01:34 AM PDT by cookcounty (Sarah and Todd Palin : They're more like us than we are.)
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To: CT-Freeper
Not that I agree at all with the FEC, but standing is quite an important element of a lawsuit, according to the Rules of Civil Procedure.

You raise an interesting point. Who, then, would have standing for such a challenge, and when could the challenge be raised? Do we have to wait until he has won the election before a voter has standing to challenge Obama's meeting Constitutional requirements for the office?

If so, then what would the relief be? President Biden?

87 posted on 10/23/2008 8:12:39 AM PDT by Yo-Yo
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To: CT-Freeper
Not that I agree at all with the FEC, but standing is quite an important element of a lawsuit, according to the Rules of Civil Procedure.

Agreed ... but it's not clear to me why the FEC would be submitting a filing about Berg's standing. Unless Berg has named them, too?

101 posted on 10/23/2008 8:33:07 AM PDT by r9etb
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To: CT-Freeper

Yes, but I believe Berg already has won the “Standing” issue. I was referring to Obama and his cohorts and their red herring defense tactics.

As Dean Wormer famously said: “Out with it, boy”


185 posted on 10/23/2008 12:33:56 PM PDT by A_Former_Democrat (u)
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To: CT-Freeper
Not that I agree at all with the FEC, but standing is quite an important element of a lawsuit, according to the Rules of Civil Procedure.
Standing, schmanding - just file a class action lawsuit on behalf of every American citizen!

</irony>

207 posted on 10/23/2008 1:50:52 PM PDT by conservatism_IS_compassion (We come to FR to pool our skepticism.)
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To: CT-Freeper

Sounds to me like any citizen would have standing, given that you need to be qualified to be a candidate.


224 posted on 10/23/2008 3:03:18 PM PDT by RinaseaofDs
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