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To: kidd
...prior to Obama’s swearing-in, Alan Keyes DID have standing

I suggest you read that again. Judge Carter noted that Keyes claim to damages, since he received less than one percent of the votes cast, was "too speculative to establish standing."

...- after Obama’s swearing in, Obama IS POTUS and can only be removed by Congress. Only Congress has standing, as is outlined in the Constitution.

He didn't say that either.

148 posted on 10/29/2009 11:35:34 AM PDT by Non-Sequitur
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To: Non-Sequitur

I did read it again. The judge noted that ‘Keyes received less than one percent of the vote...’ in the context of repeating the argument of the defense. He then discussed why that was a problem.

On page 15, line 11, the Judge notes:

“The Court is troubled by the idea that a third party candidate would not have standing tochallenge a major party candidate’s qualifications, while the opposing major party candidatemay be able to establish standing because he or she has a better chance of winning the election. Defendants’ argument encourages the marginalization of the voice of a third party in what is adominantly two-party political system and would require the Court to pass judgment thatPlaintiffs are such unlikely candidates that who they are running against would not make adifference. This argument also ignores the tremendous effect that a third-party candidate canhave on the presidential election.”

Regarding my statement that “...only Congress has standing...” was a summary and analysis of what the Judge said. You are correct that he didn’t say that. What I summarized is found on page 24:

“However, on the day that President Obama took thepresidential oath and was sworn in, he became President of the United States. Any removal ofhim from the presidency must be accomplished through the Constitution’s mechanisms for theremoval of a President, either through impeachment or the succession process set forth in theTwenty-Fifth Amendment.”


189 posted on 10/29/2009 11:59:52 AM PDT by kidd (Obama: The triumph of hope over evidence)
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