To: Sibre Fan
The Courts are trying to pretend it’s a Political Question, so they can use lack of standing to get rid, but this is really a Constitutional question, so no standing is required. The Courts have a duty to uphold the Constitution.
19 posted on
10/12/2009 9:37:06 AM PDT by
plenipotentiary
(Obama was a BRITISH SUBJECT at birth, passed to him via Pops, can't be NBC)
To: plenipotentiary
The Courts are trying to pretend its a Political Question, so they can use lack of standing to get rid, but this is really a Constitutional question, so no standing is required. The Courts have a duty to uphold the Constitution.
Well, not quite.
First, under established law, standing is required to raise a Constitutional question.
Second, "standing" is irrelevant to the Political Question Doctrine. In other words, even if a person does have "standing," the court cannot hear the case if it raises a "political question."
So, the standing/constitutional issue, and the political question issue are two different concepts.
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