The Courts, in the birther cases, are NOT willing to over rule Congress (for a change!)
Congress had full Constitutional authority to determine the eligibility of John McCain.
Congress has full Constitutional authority to determine the eligibility of Obama.
Congress determined that BOTH were eligible!
Bithers are asking the Courts to interfere -— Birthers are therefore supporting the idea of Judicial Supremacy, which is a very liberal idea. Do not forget that the first “Birthers” were PUMA Clinton activists!
BTW, Congress HAS restricted the authority of the Courts, in the past:
Congress has NOT openly, bindingly ‘determined’ on constitutional eligibility of a presidential candidate!
Congress has the authority to clarify what exactly natural born citizen is as intended by the founding fathers, but they have not done a thing about it!
Congress has tried many times to change the definition of nbc but failed every time!
A few senators, including obama and hillary, passed a non-binding resolution 511 in April 2007 to ‘resolve’ that McCain is a nbc elig to be president, because he was born overseas to 2 USA citizen parentS! But that does not overrule the original definition of nbc as intended by the founders.
Congress has NOT addressed the obama elig question at all, much less ‘determined’ that obama is elig!! Get the facts!
On the contrary, the Dems passed resolution 511 for McCain to compromise him and the Republicans so they are not at liberty to challenge obama’s elig!
The supreme court is taking a pass (Clarence Thomas hinted so) on this issue, not because they are not willing to overrule congress (there is nothing to overrule!) , but because they would rather not be responsible for ousting obama!
GET THE FACTS!
But Congress can NEVER modify the NBC eligibility requirement without resort to the amendment process. John McCain was not a citizen when he was born in Panama, but was made a citizen retroactively by statute. He was not NBC at birth or retroactively. Therefore he is ineligible to be POTUS, IMO, but SCOTUS has never ruled on an on-point case.
The fact that the Senate passed a non-binding resolution waiving a wand and declaring McCain to be eligible was NOT a determination by "Congress" that McCain was eligible.
The resolution was sponsored by Leahy, Obama and Hillary...so it was probably a clever trap. The ACLU wouldn't be bound by such a resolution of eligibility and could have challenged McCain if he had won the election.
As to Congress certifying the election, the NBC issue was clearly given a pass (nullification, IMO) and the birth documentation never allowed to undergo legal discovery.
A "determination" by Congress based on sloppy legal research and blatant suppression of evidence gathering is shameful. I am hoping that Sheriff Arpaio has found something "shocking" as he claims.