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To: edge919

“I don’t have a problem with impeachment. Obama has most likely committed criminal fraud over his eligibiity. A court finding would help expedite the matter.”
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The Supreme Court, like any other Article III court, is a court of limited jurisdiction. It is not authorized to issue “court findings”; all it can do is resolve “cases and controversies.” It cannot simply render a judgment over questions on which it has no power to act.

And SCOTUS has defined “cases and controversies” to include the requirement that the party bringing the suit have standing.

Also, by the way, if “Obama has most likely committed criminal fraud,” why are civil suits being brought anyway? It’s like bringing suit against someone because you saw him rob a post office. The suit would be thrown out for lack of standing, which simply means that you should take your evidence of criminality to a prosecutor rather than trying to enforce criminal law through a civil suit.


151 posted on 07/04/2010 12:45:32 PM PDT by BigGuy22
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To: BigGuy22
The Supreme Court, like any other Article III court, is a court of limited jurisdiction. It is not authorized to issue “court findings”; all it can do is resolve “cases and controversies.” It cannot simply render a judgment over questions on which it has no power to act.

There is a controversy here for which the SCOTUS has previously given a definition of natural born citizen. The court has also acted before in regard to the seating of elected representatives. The power to act appears to be present.

And SCOTUS has defined “cases and controversies” to include the requirement that the party bringing the suit have standing.

Yes, there's no question that standing is at issue. What I noted previously is that the recent decision in this appeal undermined its own rationale on standing by admitting the plaintiffs had what it called a "unique ability" to sue. As such, that should have given Kerchner standing.

Also, by the way, if “Obama has most likely committed criminal fraud,” why are civil suits being brought anyway?

Oh, I agree to a point that it would more sense to charge Obama with criminal fraud, but IIUC, the only body that can do this is Congress. The partisan nature of our Congress currently prevents this from happening, no??

It’s like bringing suit against someone because you saw him rob a post office.

Not really. Maybe you remember OJ Simpson was sued for wrongful death despite being acquitted of murder charges?? But if you want to use the post office analogy, the person you saw robbing the post office may have stolen your mail, including checks and other property. You certainly would have standing to sue the robber.

152 posted on 07/04/2010 11:06:09 PM PDT by edge919
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To: BigGuy22

Because of all the law enforcement I have contacted none will even touch this. And I’ve contacted everybody you can imagine, at every level.

That’s why this is not just a political issue and why it cannot rightly be resolved by Congress or the courts alone. Our entire law enforcement system is politicized beyond any resemblance to the Constitution. We are Mexico, Iran, Venezuela.

And THAT makes it unconscionable for anybody calling himself a “conservative” to poo-pooh this issue. This is war against the very rule of law.


161 posted on 07/18/2010 6:12:03 AM PDT by butterdezillion (.)
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