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To: jmstein7
Who would have to bring suit? The nominee? The President?

that could be an interesting question. Both the nominee and President could probably do so. I think that any Senator would have standing since it affects his right to vote on the candidate (but I seriously doubt any Senator would dos so considering the political consequences); by extension, any voter might be able to make a case for having standing to sue since it is directly affecting his Senators ability to vote (although a problem might arise with the Senators representing the States and not the individual voters). From a purely research standpoint, I find the standing to sue to be more interesting than the case itself (finding a way to give every voter a standing to directly sue the Congress for either action or inaction would be interesting). BTW, are you familiar with validating the results of your case research (Shepardizing)?

14 posted on 09/03/2003 4:31:09 PM PDT by templar
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To: templar
Yeah. It's good law with no negative indications or citation history.

Clinton and Schumer are my Senators. I'd love to haul them into court :) All the more reason to keep looking for a cause of action where I would have standing :)
15 posted on 09/03/2003 4:48:29 PM PDT by jmstein7
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To: templar
A cause of action where a constituent has standing would have to be "found" in, I think, Article IV, Section 2, Clause 1; Article IV, Section 4 (if a way to apply it to individuals is possible); possibly, again, in Article VI, Clause 3; Amendment I; etc.
16 posted on 09/03/2003 5:04:01 PM PDT by jmstein7
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