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

To: OldDeckHand
Very simply put, even if someone is in an office that they possibly or absolutely shouldn't be in (or were eligible for) doesn't negate the legality of the decisions they've made.

Until such a time as their illegitimacy is demonstrated.

Which, by the way, is exactly what we are striving to do.

Should he be proven to have never been qualified in the first place, this would arguably nullify every law he's signed and every appointment he's made.

Don't know about you, but that would be worth it to me!

160 posted on 09/19/2009 10:47:21 AM PDT by null and void (We are now in day 241 of our national holiday from reality. - 0bama really isn't one of US.)
[ Post Reply | Private Reply | To 149 | View Replies ]


To: null and void
"Should he be proven to have never been qualified in the first place, this would arguably nullify every law he's signed and every appointment he's made."

You might argue it, but you'd lose - decisively. From Ryder v. United States...

"The de facto officer doctrine confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person’s appointment or election to office is deficient"

Other decisions reaffirming or citing this principle include, but are not limited to Norton v. Shelby County (where it was initially established)The People of the State of Colorado v. Adolph Quinten Sherrod.

This is not a complicated question of law. Precedent is well-established and is reinforced under the principle of stare decisis.

169 posted on 09/19/2009 11:05:37 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
[ Post Reply | Private Reply | To 160 | 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