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Why Some Constitutional Suits Don't Stand a Chance in Court
The Wall Street Journal ^ | February 12, 2009 | JESS BRAVIN

Posted on 02/12/2009 10:19:49 AM PST by Lurking Libertarian

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To: TChris
Is it an unenforceable requirement? Do votes trump the Constitution?

Yes and yes.

God help us all.

L

61 posted on 02/12/2009 12:32:25 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: editor-surveyor

Plus every citizen has standing in the issue of having an honest election process.


62 posted on 02/12/2009 12:32:33 PM PST by nufsed
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To: mlo
When you request a copy of your Hawaiian birth certificate the state prints that form at the time the request is processed. Nobody says it was generated in 1961, nor is it supposed to be.

I'm glad I'd put down my coffee when I read that argument. The Birther theories are goofy enough to begin with -- this one asserts that Obama's coverup is on a par with an attempt to pass off a handful of aluminum nails and plywood scraps as relics of the True Cross.

63 posted on 02/12/2009 12:32:53 PM PST by steve-b (Intelligent design is to evolutionary biology what socialism is to free-market economics.)
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To: nufsed
You can repeat the same falsehood on every thread and you’ll get called out everytime. Your repeated claims which have been debunked dozens of times are just nusiances at this point.

projection (pr& JEK sh&n): the tendency to ascribe to another person feelings, thoughts, or attitudes present in oneself

64 posted on 02/12/2009 12:36:20 PM PST by steve-b (Intelligent design is to evolutionary biology what socialism is to free-market economics.)
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To: Bubba Ho-Tep

I guess that you’ve never had to spend any of your money to dispatch a frivolous lawsuit. Most of the suits that are filed are frivolous, and rarely is a filing quashed without a hearing or two.


65 posted on 02/12/2009 12:36:48 PM PST by editor-surveyor (The beginning of the O'Bummer administration looks a lot like the end of the Nixon administration)
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To: mlo

Worse, repeating this sort of nonsense fosters the impression that opposition to Obama is based on crankery, and thus weakens efforts to debate his agenda on the substantive issues.


66 posted on 02/12/2009 12:38:20 PM PST by steve-b (Intelligent design is to evolutionary biology what socialism is to free-market economics.)
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To: steve-b
Fact. Just read his posts.

If you don't want the documents made public so that we can get to the truth, that's ok. There are millions of us who will do the heavy lifting.

Just think, the aledged fraud you are protecting could reveal everything in 3-4 hours and make us all look like the idiots you and he know we are. And you can tell us "I told you so" forever.

67 posted on 02/12/2009 12:39:59 PM PST by nufsed
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To: Labyrinthos

You don’t understand what real standing is. The fiction that is being defended here is not standing, it is closing ranks in protection.


68 posted on 02/12/2009 12:41:15 PM PST by editor-surveyor (The beginning of the O'Bummer administration looks a lot like the end of the Nixon administration)
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To: Labyrinthos
We have a right to vote in an honest election process. If the process allows for an unqualified candidate to get on the ballot. Anyone who votes in that election should have standing and be given a hearing.

In this case, some judges have used the principle of standing to pass the buck.

69 posted on 02/12/2009 12:43:32 PM PST by nufsed
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To: mlo

“But he has produced the documentation.”

Proof?


70 posted on 02/12/2009 12:59:29 PM PST by antisocial (Texas SCV - Deo Vindice)
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To: antisocial

mlo says the same thing on almost every BC thread. He gets answered, shown to be wrong or illogical, and he keeps repeating the same statements to new people.


71 posted on 02/12/2009 1:01:28 PM PST by nufsed
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To: nufsed

Seems FR has been blessed with a new batch of liberals lately.


72 posted on 02/12/2009 1:06:35 PM PST by antisocial (Texas SCV - Deo Vindice)
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To: mlo

It has been proven to be forged. Look it up. Anyone in Hawaii could get a birth record such as Obama’s. Anyone could have had a child elsewhere and go there and have it recorded, back then their system allowed it.


73 posted on 02/12/2009 1:07:24 PM PST by TommyDale (I) (Never forget the Republicans who voted for illegal immigrant amnesty in 2007!)
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To: antisocial

I don’t think he’s a liberal, just starved for attention.


74 posted on 02/12/2009 1:08:51 PM PST by nufsed
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To: Lurking Libertarian

Would the Gold Star Mothers have standing? They’ve certainly suffered great losses. Or how about someone at Walter Reed? Or does it have to be suffered since 1/20/09?


75 posted on 02/12/2009 1:10:19 PM PST by IM2MAD
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To: editor-surveyor
So by your theory, as long as I screw the entire country, nobody has "standing" to stop me? - Do you have any idea how moronic that idea is?

(a) Moronic or not, it is what the Supreme Court has held many times (read the full rticle).

(b) Actually, it is not as moronic as it sounds, because if you harm the entire country, the elected branches of government have a strong incentive to intervene, and action by the courts is unnecessary.

76 posted on 02/12/2009 1:13:55 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

A good explanation of the “standing” doctrine, and why fighting Obama through the courts is a waste of time.”

He was NOT born in Honolulu.....


77 posted on 02/12/2009 1:25:48 PM PST by ridesthemiles
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To: editor-surveyor
You don’t understand what real standing is.

Right...four years of college, three years of law school, and an active trial and appellate practice in both the state and federal court systems for over 25 years where I have personally briefed and argued 121 cases in the higher courts, including 11 cases in the New York Court of Appeals (New York's highest court) and 19 cases in the United States Court of Appeals for the Second Circuit -- and I don't understand "standing." What are your qualifications to opine on the topic?

78 posted on 02/12/2009 1:47:14 PM PST by Labyrinthos
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To: nufsed
We have a right to vote in an honest election process. If the process allows for an unqualified candidate to get on the ballot. Anyone who votes in that election should have standing and be given a hearing. In this case, some judges have used the principle of standing to pass the buck.

I understand what you are saying, and if a judge wanted to hear the case, there are exceptions to the general rules of standing, as I indicated in my initial post, that would allow the court to take the case. My point is that this is not some liberal conspiracy to protect 0bama, but rather, the principle of standing has been manipulated by judges on both sides of the political spectrum for literally hundreds of years to avoid cases that they do not want to hear and to take cases that they should have rejected. That's what makes standing a confusing, difficult, and frustrating concept.

79 posted on 02/12/2009 1:57:47 PM PST by Labyrinthos
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To: Labyrinthos

I agree. It’s not a conspiracy, it’s an absence of responsibility and accountibility that permeates all branches of government. If we had that, he would have been properly vetted when he announced his candidacy.


80 posted on 02/12/2009 1:59:55 PM PST by nufsed
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