[Red Steel]

Your last three posts are spot on. It is inherent to the office. The judge who wrote the dissent is correct, the other 7 punted because, "as we all know" the "Birther stuff" is such a headache to explain and deal with.

An analogy in common language LoL. The Alabama SoS has to go pooh pooh while he is sitting in his office. Oh crap, He can't wipe his you-know-what with TP because there is no specific written statute that says he can. Oh darn, gotta live with a crusty butt! I'm sure there are better examples or analogies where people should get the point, but this one came to mind first. ;-)

Another obvious question. Is there a statute that prevents the AL SoS from using the inherent powers of his office to investigate the obvious Constitutional qualifications of ballot candidates?

Answer: I highly doubt Alabama has a statute that prevents this.

[MHGinTN]

What prevents it is ‘life expectancy’ which would be shortened if the SoS bothers little barry bastard boy.

[DiogenesLamp]

Another obvious question. Is there a statute that prevents the AL SoS from using the inherent powers of his office to investigate the obvious Constitutional qualifications of ballot candidates?

Only since Obama. Prior to him, States routinely threw off bad candidates. Some years back, California threw off a Columbian born candidate for the Presidency, and it caused nary a ripple.

Now the idea is completely UNTHINKABLE!! Because "OBAMA!"

They will assert the power when they wish to do so, and plead inability to do so when they do not wish to assert the power.