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liveinfreedom .

Michigan Law Review: Explanation of Legal Process to Obtain OBAMA BIRTH information . - 0 views

www.michiganlawreview.org/...tokaji.htm

standing berg obama michigan law school constitutional

shared by liveinfreedom . on 25 Jan 09 - Cached
  • The Justiciability of Eligibility
  • “[j]udicial review—if any—should occur only after the electoral and Congressional processes have run their course.”
  • here is no bright-line rule for ascertaining whether an injury is sufficiently imminent to satisfy the injury-in-fact prong, but the Court has said that an asserted right to have the government act in accordance with the law is not sufficient.
  • ...3 more annotations...
  • and Berg probably lack Article III standing.
  • Understood in this way, prudential standing presents formidable difficulties for these plaintiffs and, indeed, for anyone seeking to challenge a presidential candidates’ qualifications in federal court.
  • The Warth-Newdow language suggests that federal courts should be especially reluctant to find standing in cases asserting a “structural” constitutional violation—like the prohibition on members of Congress serving in the executive branch or the requirement that a president be a natural born citizen—as opposed to the violation of individual rights.
  • liveinfreedom . on 25 Jan 09
     
    It is doubtful, however, that they are justiciable in lower federal courts. Standing requirements and the political question doctrine make it unlikely that a federal court will reach the merits in cases of the type filed to date. Justiciable means can the case be heard in a court or not? It is believed that this issue is more properly addressed by the political process and NOT the courts.
liveinfreedom .

Election Law @ Moritz - Election Court - 0 views

moritzlaw.osu.edu/...index.php

moritz obama judiciability justiciability natural born

shared by liveinfreedom . on 24 Jan 09 - Cached
  • liveinfreedom . on 24 Jan 09
     
    McCain v. Obama, a U.S. Supreme Court hypothetical (one hopes)
liveinfreedom .

Edwin Vieira, Jr. -- Obama Must Stand Up Now or Step Down - 0 views

www.newswithviews.com/...edwin84.htm

vieira justiciability obama berg natural born

shared by liveinfreedom . on 24 Jan 09 - Cached
  • America is facing potentially the gravest constitutional crisis in her history. Barack Obama must either stand up in a public forum and prove, with conclusive documentary evidence, that he is “a natural born Citizen” of the United States who has not renounced his American citizenship—or he must step down as the Democratic Party’s candidate for President of the United States
  • And if each of the General Government’s powers must be proven (not simply presumed) to exist, then every requirement that the Constitution sets for any individual’s exercise of those powers must also be proven (not simply presumed) to be fully satisfied before that individual may exercise any of those powers.
  • Now that Obama’s citizenship has been seriously questioned, the burden of proof rests squarely on his shoulders.
  • liveinfreedom . on 24 Jan 09
     
    America is facing potentially the gravest constitutional crisis in her history. Barack Obama must either stand up in a public forum and prove, with conclusive documentary evidence, that he is "a natural born Citizen" of the United States
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