Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: BlackElk
Diplomats are like an extension of the king. We can't step on his toes, and he "is" the nation, so wherever the king goes, his nation is there. That's the ancient "law of nations" thing.

On the interplay between Congress and SCOTUS in case of a question on eligibility (assuming they don't all just avert their gaze), there is first a question of SCOTUS taking it up. I think they should, so as to have a check on the NBC clause. Others say that Congress's assertion is conclusive and not to be questioned. I think that opens a door to a rogue Congress.

Your remark covers the nature of the remedy. I don't think SCOTUS has the power to mandate Congress do anything, so a writ of mandamus is the wrong vehicle. All SCOTUS could do is declare the president-elect unqualified. Then it's up to the president elect and Congress to either abide by "the finding" or not. Wouldn't be the first constitutional crisis, but it would be volatile, for sure. I think that volatility is why SCOTUS, like Congress, abdicates its duty.

The players have worked under a dysfunctional system for so long, their only hope is to fool the people into thinking this (averting of gaze) is upholding the constitution.

Makes me want to puke, sometimes. Then I realize family is more important than nation. If the public won't fight for the nation, why should I even care?

354 posted on 01/22/2016 5:38:02 PM PST by Cboldt
[ Post Reply | Private Reply | To 351 | View Replies ]


To: Cboldt
You may well be right in several respects.

First, will SCOTUS take up the question? In your opinion, can anyone have standing to bring a case of original jurisdiction to be actually tried before SCOTUS under the little used constitutional provision for same?

It does seem that counting the ballots and determining qualifications of the president-elect sound more discretionary particularly as to qualifications than ministerial. Ballot counting may well be ministerial unless Congress is viewed as having some power to reject a state's electoral votes for election irregularities which would seem a rather dangerous precedent.

I also agree that both Congressional and Judicial branches are unlikely to intervene and are likely to abdicate as is usual. We now have Mitchie McTurtle filing a snowmageddon bill to empower Obozo and future presidents to use the military domestically on an easily constructed web of lies and, IIRC, suspend habeas corpus. This is a catastrophic notion to so empower ANY POTUS, no matter who.

Family is most important and I bet you want yours protected from this idiocy as much as I want mine protected. That protection lies, in the first instance, in not so empowering ANY POTUS or anyone else.

357 posted on 01/22/2016 6:36:13 PM PST by BlackElk (Dean of Discipline: Tomas de Torquemada Gentlemen's Society/Rack 'em Danno!)
[ Post Reply | Private Reply | To 354 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson