Posted on 12/22/2008 10:05:22 AM PST by Kevmo
But what about the petitioners? All these suits brought before the court?
Unless 0 produces a real copy of his BC, there will be doubt in millions of peoples' minds from now on. And no legal recourse?
If it's Congress that makes the decision--after 1 senator & 1 C'man challenge eligibility, --then there would be nothing for the SC to decide. That would be it.That's the way I read it.
Unless 0 produces a real copy of his BC, there will be doubt in millions of peoples' minds from now on.Yes, but that's a political problem, not a legal one.
It does not say who resolves the matter in the first case of the PE being the only one failing to qualify. But that is a different issue than the one we were originally discussing. As you say, “it is important... also”.
It does not say who resolves the matter in the first case of the PE being the only one failing to qualify. But that is a different issue than the one we were originally discussing. As you say, “it is important... also”.It does say that the VP elect will act as president. It doesn't appear to allow for anyone else to qualify at that point though. In the case of an under aged president-elect at least he might eventually qualify. In the case of non-natural born it sounds like we would have four years of an acting president. I don't see a place for the Supreme Court to get involved.
It would be a hard case to make that the authors of the 20th meant to have the courts resolve the case of only the president-elect not qualifying but for Congress to resolve the case of neither the president-elect or the vp-elect qualifying.
I just don't see how the courts could get involved at this point.
History shows that in order to have total obedience of the enslaved, the dictator must be ruthless enough to off a few of his own faithful, if merely to show the rest he means business. Hitler had his blackshirts & brownshirts--had the 1st bunch slaughtered to make sure the SS he was developing would not hesitate to follow orders exactly, without question.
It would be a hard case to make that the authors of the 20th meant to have the courts resolve the case of only the president-elect not qualifying but for Congress to resolve the case of neither the president-elect or the vp-elect qualifying.
***That’s true enough. There are a dozen places where the SCOTUS can hang their hats if they want to punt on this issue, and this is one of them. I’ve been saying all along that the most likely outcome is a split-the-baby decision. But that doesn’t make it right. Nor constitutional. If there’s a constitutional requirement that the president be qualified but no constitutional provision for establishing it, that’s exactly the kind of thing the SCOTUS was set up for. The language is relatively plain when it comes to natural born, age, and other requirements for the pres.
Thanks for the clarification, Billybob.
I have a question to ask you, it came from an exchange on Intrade’s forum.
http://bb.intrade.com/intradeForum/posts/list/420/2279.page
The contention is that for the Supreme Court, “all cases that the justice considers properly filed are sent to conference.” Is that true? Wasn’t there at least one other case that was denied in SCOTUS and re-submitted?
Has there ever been an issue where there were 5 cases concurrently before the SCOTUS and 3 of them were forwarded for conference? Would forwarding the issue rather than just denying without comment be an indicator of legitimacy once it’s happened 3 times?
Requests for Emergency Relief are "referred" to the other Justices when the ONE Justice who has the case things that relief MIGHT be appropriate. I've talked about this process for about four months, now.
Congressman Billybob
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Thanks for the clarification, John. Your years of dealing with the SCOTUS sure helps keep things in perspective for us.
Thanks, John.
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