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

To: John Valentine

The Supreme Court ruled in 1982 that presidents may never be sued in office or after departing office for official acts undertaken as president. In that case, Nixon v. Fitzgerald, the court based its reasoning in part on the argument that it would be too burdensome to a president to have to defend himself against civil lawsuits while trying to serve effectively as president.

http://en.wikipedia.org/wiki/Nixon_v._Fitzgerald


31 posted on 12/07/2013 6:50:47 PM PST by Nero Germanicus
[ Post Reply | Private Reply | To 30 | View Replies ]


To: Nero Germanicus
From your link ...

"Nixon v. Fitzgerald, 457 U.S. 731 (1982),[1] was a Supreme Court of the United States court case that dealt with immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law."

It's difficult to sustain a civil suit against any defendant where it has not been alleged a law was broken and an injury was sustained by the plaintiff due to the negligence of the defendant.

Some have argued, in the press and on the net, Obama is violating the ADA (established law) by his discretionary actions; such as, exempting certain groups from the compliance of the law by executive order. Unless, of course, Obama is exempting those who have challenged his eligibility to be President by not meeting the Constitutional requirements to hold the office. Consequently, he is settling their complaint with an exemption from the law before a complaint is filed with the U.S. District Court.

The Founding Fathers never intended ballot eligibility to equate to eligibility for the office of POTUS. The People, through their selection of Electors, can vote for anyone they choose to be their President. If the People choose an ineligible President, then it is up to the minority to object on an individual basis in Federal Court to being subjected to the laws, regulations and appointments of the usurper. An individual can only obtain standing when they can show a direct and particularized harm due to the actions of the usurper.

An ineligible President may settle a complaint without going to trial and without proving he's eligible for the office by exempting those who complain about the laws and regulations he has signed. After Obama leaves office, all laws, regulations and appointments become valid by the De Facto Officer Doctrine. Consequently, Obama is merely running out the clock on his laws, regulations and appointments until he leaves office.


32 posted on 12/09/2013 4:06:13 PM PST by SvenMagnussen (1983 ... the year Obama became a naturalized U.S. citizen.)
[ Post Reply | Private Reply | To 31 | 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