But mlo, elegibility to serve as President IS a Constitutional issue and thereby can be resolved in the Courts failing all other attempts to solve it.
And the Hawaiian BC was not official. It was a Certification of Live Birth. Anyone can get that. I could produce my long form BC in two minutes. It has ALL of the information on it such as my father’s name, my mothers maiden name, the hospital I was born in and when, the doctor who delivered me, my nationality etc. Those are the things he will NOT reveal. In addition, he won’t even show his medical records or educational records. He’s a fraud and I would be really uncomfortable with that. The Democrats certainly didn’t waste any time making sure that McCain proved he was a Natural Born Citizen. Yes he was born in Panama but on a Military base to two NBC parents. Big difference. Maybe Orly isn’t the perfect Lawyer to do this but where are all the men when you need them??
I don’t know, this whole situation doesn’t pass the smell test.
Elections do have consequences and the consequences of this last one have and continue to be hugely destructive. Neery a day goes by that something more hasn’t changed and that’s only what you can see. What’s being done in secret? Shudder!! CO
Just because something is a constitutional issue does not necessarily mean that the courts must (or even can) resolve it. I have cited a number of times to the courts' repeated refusals to decide the constitutionality of the Vietnam War.
I understand why people think that, but it's not really true. Not every issue can be resolved by the Judicial branch. Not even every real constitutional issue.
The Constitution puts the selection and validation of a President into the hands of the Electors and the Congress. The Judicial branch cannot intervene in a power that is specifically reserved to the other branch by the Constitution. When you read the court filings and see references to the "political question", this is what they are talking about. It's not a reference to politics.
A hypothetical example. In the 2000 election dispute when the Congress was counting and certifying the Electoral votes, Congress could have objected to the Florida vote and rejected the Electors from that state, thereby handing the election to Gore. The only reason they didn't try is that Republicans controlled Congress.
If they had succeeded you might have heard people wanting to go to court to get it reversed. But no court would have intervened. It's a power not delegated to the courts and Congress would be totally within its power to do such a thing.
In this case, the Constitution requires the President to meet certain qualifications. But the power to decide whether those qualifications are met rests solely with the Electors and Congress. Their determination is final, even if everyone else is convinced they made a mistake. No court can intervene.
Every question must have a final arbiter or nothing would ever be settled. For judicial issues that is the Supreme Court. But for this issue, it isn't. And that determination has already been made. The only recourse is impeachment, or to vote the sucker out at the next election.
"And the Hawaiian BC was not official. It was a Certification of Live Birth."
It is official. It is the current official Hawaiian birth certificate form. If you were born in Hawaii, and you request your birth certificate now, that is what you get. It is perfectly valid, and is good for any purpose for which a birth certificate is required.
"Anyone can get that."
No they can't. No more than anyone could get a birth certificate from your home state. If you get a Hawaiian birth certificate that says you were born in Hawaii, it's because you were. That certificate is prima facie legal proof of the fact.
"I could produce my long form BC in two minutes."
You could only because the jurisdiction which issues it, issued it in that form when you got it. Hawaii does not. The COLB is what you'd get.