Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Roccus

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.


194 posted on 10/25/2008 9:13:50 AM PDT by Klepto
[ Post Reply | Private Reply | To 45 | View Replies ]


To: Klepto
Likely a governmental entity on behalf of the people, i.e the Attorney General, Congress, etc

Can a Representative or Senator issue subpeonas to obtain Obama's records, in support of their mandate to approve the Electoral College results?

205 posted on 10/25/2008 9:26:39 AM PDT by Brian S. Fitzgerald
[ Post Reply | Private Reply | To 194 | View Replies ]

To: Klepto

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!


209 posted on 10/25/2008 9:29:54 AM PDT by casinva
[ Post Reply | Private Reply | To 194 | View Replies ]

To: Klepto

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!


214 posted on 10/25/2008 9:33:20 AM PDT by casinva
[ Post Reply | Private Reply | To 194 | View Replies ]

To: Klepto
While your answer helps to clarify who has standing in a lawsuit, IMO it missed the point of my query. Some office or gov’t entity has to be RESPONSIBLE to ensure that these requirements are met.
When I applied for my SS retirement benefits, I was required to bring my birth certificate. This was to prove my age. The clerk that I presented the certificate to took a photocopy of it. Now, I'm sure that clerk could not determine the validity of that document (especially since it was from a different state) and that the photocopy was sent into the vast inner workings of the SS system where the bureaucracy checked its authenticity. It's what they do. It is their job. The SS laws give them the responsibility and the authority to verify my bona fides.
Who or what government entity has the responsibility and the authority to verify Obama’s bona fides pursuant to the Constitution?,
[using strange words to try and sound intelligent ;) ]
275 posted on 10/25/2008 11:21:30 AM PDT by Roccus (Someday it'll all make sense.............maybe.)
[ Post Reply | Private Reply | To 194 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson