Ya know, that is a fascinating question and one that I have kicked around with an old colleague of mine. I was a state trial judge (a trial lawyer before) and handled a lot of constitutional issues but they related mostly to constitutional law as it pertained to criminal cases (4th amendment, etc.) And we concluded as follows:
It can not ever be a private citizen. Without trudging through the history of why (tax cases) that is a settled proposition. So who?
Likely a governmental entity on behalf of the people, i.e the Attorney General, Congress, etc. We also concluded that the DNC could (lol, yeah I know, don’t laugh). Also, and most interesting, once the person is POTUS, then, since he is CIC, certainly the Joint Chiefs and perhaps any general. A state also probably has standing.
In short, it would have to be a governmental entity on behalf of the people and not the people themselves. And I DO understand the argument “well it affects me as a citizen”. Of course it does, but for any number of reasons that issue has been decided time and again by every federal court including SCOTUS. A private citizen will never have standing to do this.
Hope that helps.
Can a Representative or Senator issue subpeonas to obtain Obama's records, in support of their mandate to approve the Electoral College results?
Wow, Klepto,
That certainly does make sense, and thank you for sharing your insight.
I can’t say I particularly LIKE hearing some of what you said, (your words confirm the problem we have been discussing here) but I suspect you are very correct in your assessment of the laws and conditions for standing at this time, and I also suspect you are aware of the problems the current mindset causes for having a presidential candidate that is not qualified RIGHT NOW.
Thanks for sharing. Please share more in the future too! You will be a great addition to Free Republic!
Wow, Klepto,
That certainly does make sense, and thank you for sharing your insight.
I can’t say I particularly LIKE hearing some of what you said, (your words confirm the problem we have been discussing here) but I suspect you are very correct in your assessment of the laws and conditions for standing at this time, and I also suspect you are aware of the problems the current mindset causes for having a presidential candidate that is not qualified RIGHT NOW.
Thanks for sharing. Please share more in the future too! You will be a great addition to Free Republic!