Posted on 10/29/2009 10:19:10 AM PDT by Elderberry
Judge Carter Ruling on MTD
The concept is well defined, but the rules seem to be constantly changing. Generally in the direction of "no standing" for those whose interest, real though it is, is general rather than specific. It wasn't always that way.
They find "standing" for non-citizen, non-resident, aliens captured on the battlefield, but not for US citizens wishing to see that the Constitution be enforced?
That sticks in a lot of craws. Mine included.
Then get yourself detained on the battlefield and push for discovery.
“So is denying folks access to the next to last box. That’s not helpful at all.”
Who’s been denied this?
To be fair, these birthers who call themselves "conservatives" and, most laughably, "patriots" weren't looking to have the Constitution re-written. Instead, they were looking for an activist judiciary that views the Constitution as a "living document" from which to manufacture favorable rulings out of thin air and reverse a presidential election because they weren't happy with the results.
They thought they had found such an activist in Judge Carter. No doubt today is a setback for their wholly undemocratic and un-American crusade though I suspect they will soon try and spin things differently.
Why only before? There is no right to run for nor to be elected President. What specific injury did McCain suffer? No McCain would not have had standing either, although it is nice to pretend that he would have, if only he'd acted "in time". But alas, he didn't, and so the case is now moot. Somewhat like Article II, Section 1, clause 5 of the Constitution.
Reads to me like the judge opened some doors in the future but also sidestepped matters out of fear and tremendous pressure based on “standing”; for example, not much wording on Hawaiian loopholes and revealing a long form birth certificate in limited discovery then he could have dismissed the case and let Congress deal with it.
Anyway bring on the next round. There’s more to come. Obozo the clown isn’t out of the woods yet.
It's not that hard to find if you google "Sun Yat-Sen birth certificate Hawaii". But it's not so clear why that document is relevant since it was issued 55 years before Hawaii became a state.
“Because, after all, the other appeals have been so successful...”
I agree but this judge was completely out of line. I don’t envision any judge hearing the case and if they do it will just be a matter of courtesy. This is too hot for any of them to handle. They are more afraid of this issue than an issue involving negativity toward muslims.
Likewise Judge Carter, nobody gives a rat’s ass about your opinions on how a percentage voted for Zero or how a mother would be dissappointed her son was ineligible. Your worries about removal mean nothing,
was FRAUD COMMITTED OR NOT? Is Zero A NATURAL BORN CITIZEN BORN ON U.S. SOIL?
DIDN’T THINK SO YOU FRIGGIN COWARD.
But the case you actually linked to, Ryder v. US 515 U.S. 177 (1995), would seem more on point. Inthat case they ruled that the actions of the Court below were not valid de facto.
The reasoning was that the claim was "based on the Appointments Clause of Article II of the Constitution--a claim that there has been a "trespass upon the executive power of appointment," McDowell, supra, at 598, rather than a misapplication of a statute "
That sounds a lot more like the case of an ineligible office holder than the usual de facto office holder who was holding the office in violation of a statue that had been misapplied or misinterpreted.
Every year, and all across the country, ballot access for specific candidates is challenged by opposition parties or candidates. Those cases are heard on the merits, and sometimes they prevail.
Most commonly, these challenges have nothing to do with the age or citizenship status of the allegedly ineligible candidate. But rather, they usually surround the qualifying petitions the candidate has collected and submitted and specifically whether or not the candidate has indeed presented either the requisite number of signatures, or there's a question with regard to the quality/authenticity of those respective signatures.
Standing and justiciability are never an issue in these cases that involve legitimate opposition parties or candidates.
Yes, that would have a lot of entertainment value. But Carter did say that he had "several" such affidavits. I think several usually means more than two.
All hail Taitz! All hail Taitz! Oh say can you see, by the dawn's Orly light... So, that's you're best argument? Pretty weak. Go back and look at my comments. Whereas I don't bash Orly like yourself, I do point out shortcomings in her arguments. And I offer original legal critique, as opposed to cutting and pasting from the Dunn/Bauer talking points memo. All things being equal, the side questioning Obama's Eligibility is always more virtuous than the side that gives Obama aid and comfort. As such all things being equal being one of the "good and gentle townsfolk of Locker C-18" would be FAR better than the alternative:
The Locker People of C-18 CERTAINLY seem to have a better grip on reality.
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Congress can subpoena witness and I believe documents as well. People are sworn when they give testimony before Congressional committees.
Impeachment is like a grand jury proceeding, although it generally takes more evidence to impeach than to indict for an "ordinary" crime, because of the political ramifications. But the trial would bee in the Senate, and since the House acts as the prosecution, they could get whatever they needed via Congressional subpoena.
Of course the 'rat Congress isn't going to do any of that. Not even if "The minority" requests hearings, IIRC, they must get the concurrence of the majority to issue such subpoenas.
Speaking of which, any word from Orly yet?
Congress can hold hearings and subpeona evidence. They don't have to wait for impeachment to do this, it can be done any time they choose, and they could impeach if the evidence indicated that was justified.
Nothing on her blog, but this might be the harbinger of things to come.
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Actually, yes.
But apparently he did once work at a Baskin-Robbins.
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