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To: Klepto

I’ve read a post of yours on another thread where you say you are an “old judge.” Perhaps you could answer this question for a layman.

Who or what is the controlling legal authority mandated to ensure that the Constitutional requirements for the office of POTUS are satisfied?


45 posted on 10/25/2008 3:36:55 AM PDT by Roccus (Someday it'll all make sense.............maybe.)
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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
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