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

To: Canadian Outrage
"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."

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.

156 posted on 10/15/2009 12:21:16 PM PDT by mlo
[ Post Reply | Private Reply | To 152 | View Replies ]


To: mlo

Since the sucker has NO respect for the Constitution, and most folks have their heads up their collective asses, they won’t do anything until they are cooked. Simple as that. Otherwise, you are looking at a full scale revolution, hopefully, military backed. You will NEVER get rid of this thugocracy without a revolution. That’s how I see it and since the courts are paralyzed it’s the ONLY option. CO


160 posted on 10/15/2009 5:27:20 PM PDT by Canadian Outrage (Conservatism is to a country what an antibiotic is to an infection - Healing!!!!)
[ Post Reply | Private Reply | To 156 | 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