Posted on 01/15/2016 1:59:49 PM PST by Kaslin
For the last seven years, the nation has suffered under a president who ignores the law and treats the legal process as a political weapon. Yet in the most recent Republican debate, Donald Trump displayed a clownish, similar disregard for the law when he demanded Senator Ted Cruz "get a declaratory judgment" about his eligibility to run for president.
The meritless nature of Trump's birther controversy was neatly summarized by Susan Carleson in the Washington Times:
As the Supreme Court made clear, there are only two types of American citizenship -- citizens at birth, such as Sen. Cruz, and those who become citizens through the naturalization process.
A declaratory judgment is when a judge, in a legitimate contested lawsuit, makes a ruling about which side is correct about a legal controversy.
Trump has some knowledge of this process -- because of what he did to Vera Coking.
Vera Coking lived for 30 years in a modest Atlantic City home, until Trump coveted her land. As David Boaz summarizes:
Trump turned to a government agency -- the Casino Reinvestment Development Authority (CRDA) -- to take Coking's property. CRDA offered her $250,000 for the property -- one-fourth of what another hotel builder had offered her a decade earlier. When she turned that down, the agency went into court to claim her property under eminent domain so that Trump could pave it and put up a parking lot.
Coking wasn't the only person who faced a declaratory judgment because Donald Trump wanted the government to take their land for his private benefit. He did the same thing to others in Atlantic City, and proposed the same for an amusement park in Connecticut. Trump still supports the abusive eminent domain practices that took the home of Susette Kelo in New London, Connecticut.
This anti-constitutional abuse of property rights rivals the worst sort of inside-the-Beltway cronyism that Trump supporters hate.
Susette Kelo
It isn't a surprise that Trump might believe declaratory judgments can solve legal impediments to getting what he wants. But in the case of the eligibility of Ted Cruz to serve as president, Trump's taunt is absurd.
First, court cases require a real case or controversy. Without it, courts do not have jurisdiction to hear a case. The term "case or controversy" mean more than "Donald Trump thinks there is a case or controversy." It means a genuine clash of interests is occurring.
Trump and his cronies in Atlantic City government, for example, wanted to take Vera Coking’s home. She wanted to keep it. Thus, a real case or controversy existed, and courts had the power to hear the case.
A case or controversy requirement in federal court is a constitutional limit on the power of government. It restrains unelected judges from meddling in affairs they shouldn't. It means government has less power because judges can't simply declare things to be. It is a requirement born out of reverence for limiting government power.
Second, who would have standing to bring the Cruz declaratory judgment case?
Standing is another legal concept that limits the power of government. If a plaintiff in a federal court case has not suffered an injury of some sort, the court has no authority to hear the matter and meddle in the affairs of American citizens. Vera Coking would have had standing to sue because Trump's friends in city government were trying to take her home. Cruz has suffered no injury. He is on the ballot, not off. Cruz has only suffered injury from Trump's bombast. That isn't enough to give a court power.
Standing cannot be had because there might be a speculative injury in the future. Speculative injuries are not yet "ripe." Ripeness is another way that the Constitution limits the power of the federal courts over our lives. Judges have no authority to "declare" anything when no injury has occurred.
Perhaps you've noticed a trend about Trump and limits on the power of government.
Finally, who would the defendant be in Trump's outlandish "declaratory judgment" case?
Trump himself? The news media? Fox Business Network? The Atlantic City Casino Reinvestment Development Authority would serve as good as a defendant as any. The bottom line is that there is no defendant injuring Ted Cruz over Trump's legally flawed birther attack.
The American system of justice is respected because the courts have restrained powers. Restraints on the power of judges to declare this or that fact are important because they prevent judges from issuing edicts when they have no constitutional authority to do so.
We've had a president for seven years comfortable with edicts. Trump's comments on this manufactured birther controversy resemble someone else's disregard for legal institutions that restrain government power.
Another right-wing blog going after Trump, just want to throw away our anti-establishment candidate WHO CAN WIN and for what? This is dangerous stuff, might cost us the election.
In regards to Kelo, Donald Trump lines up to the left of Bernie Sanders.
The meritless nature of Trump’s birther controversy was neatly summarized by Susan Carleson in the Washington Times:
As the Supreme Court made clear, there are only two types of American citizenship — citizens at birth, such as Sen. Cruz, and those who become citizens through the naturalization process.
I bet it was Susan.
Trump’s advice was not only sage it was prescient given that two lawsuits (so far) have now been filed regarding Cruz’ eligibility. The saving grace is that the issue will be resolved soon enough that Cruz should still be within striking distance of the nomination.
When “Conservatives” start using Leftist debate tactics of emotionalism, hyperbole and insult, they show they don’t have anything of substance to stand on in the article.
Trump’s final offer for the property was $1.9MM at the time. Vera recently sold it for $500k. Ooops. Dope.
“A Homeowner’s Refusal to Cash Out in a Gambling Town Proves Costly”
Socialism is the new conservatism! Only the government knows what to do best with private property!
"A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; "
too late for Cruz now. This issue will now hover over him until the lawsuit and the appeals work their way through the system. Should have taken Donald's advice.
No, Trump supporters are costing us our country.
Is Trump another little king like Obama? “Do what The Donald tells you or else...!” Why would we want him as president, then? He’s just cost us the election last night.
Trump had some targets he could have hit Cruz with such as one or two of his senate votes. Instead he hits him with the birther crapola. One silver lining is Cruz gets this out of the way in the primaries. Trump was better when he hit on the real fraudster in the WH with the fake BC.
I had never heard of this before. LMAO
And once and for all, these cases are not just so Trump can pocket some loose change.
Massive projects are on the line. Thousands of Jobs are on the line. Hundreds of suppliers businesses are on the line. The local community and other support businesses are on the line.
Local schools that benefit from property taxes are on the line. Libraries, police departments, and other city funded projects are on the line.
Generally with these projects there is also decaying portions of a city on the line. The development refurbishes a community, making it less indicative of crime and urban blight.
Anyone who wishes to swear off using anything developed in part by eminent domain can be my guest.
Anyone wishing to quit their jobs at places that came into being by utilization of eminent domain can be my guest.
“For the last seven years, the nation has suffered under a president who ignores the law and treats the legal process as a political weapon. Yet in the most recent Republican debate, Donald Trump displayed a clownish, similar disregard for the law when he demanded Senator Ted Cruz “get a declaratory judgment” about his eligibility to run for president.”
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I see Mr.Trump as an American,and a good American!
I see no reason to indicate the he is on the scene now to harm America.
Dick.G: AMERICAN !
aka: Gunny G
Semper FIDELIS
*****
Well, he’s got a law suit in Houston, so I guess it’s official now.
He can't win, his NY values turn off voters.
They defend him, because they are obviously uninformed
If we (as Conservatives) allow this page from the old playbook to work once again, then WE deserve Hillary.
Yeah, those right-wing blogs sure do love to go after leftists, don't they? Darn 'em all anyway.
Trump loves him some statism.
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