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

To: CoastWatcher

No. It is simply the application of the law. If McCain had won, would you want the courts involved to throw him out because pro-Obama people were suspicious about him being a citizen, or NBC, or whatever?

parsy, who says it was the proper decision


12 posted on 10/21/2009 9:24:30 AM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
[ Post Reply | Private Reply | To 8 | View Replies ]


To: parsifal
If McCain had won, would you want the courts involved to throw him out because pro-Obama people were suspicious about him being a citizen, or NBC, or whatever?

I'd want the courts to rule on the issue, not hide behind "standing". McCain of course was born of two US Citizens while his father was serving the country in its military forces. It's very easy to make a case for such a person being a Natural Born citizen. Both Blackstone and Vattel, who disagree on a lot, agree on that.

26 posted on 10/21/2009 9:36:55 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 12 | View Replies ]

To: parsifal

What I would want the court to do is to order the person in question to produce a full and certified piece of evidence of life birth. You know, that certified birth certificate that you have to produce to get a friggin driver’s license, mariiage license, or passport.


39 posted on 10/21/2009 9:55:48 AM PDT by the long march
[ Post Reply | Private Reply | To 12 | View Replies ]

To: parsifal; BuckeyeTexan

Anyone has Standing to remedy actions contrary to the actual text of the Constitution:

“Chief Justice Warren determined that the only critical one in this case was whether there was a “textually demonstrable constitutional commitment” to the House to determine in its sole discretion the qualifications of members.563 In[p.695]order to determine whether there was a textual commitment, the Court reviewed the Constitution, the Convention proceedings, and English and United States legislative practice to ascertain what power had been conferred on the House to judge the qualifications of its members; finding that the Constitution vested the House with power only to look at the qualifications of age, residency, and citizenship, the Court thus decided that in passing on Powell’s conduct and character the House had exceeded the powers committed to it and thus judicial review was not barred by this factor of the political question doctrine.564”

http://www.law.cornell.edu/anncon/html/art3frag27_user.html

Powell v. McCormack

Follow the link to Mario Appuzo’s site for more detail


73 posted on 10/21/2009 10:59:56 AM PDT by plenipotentiary (Obama was a BRITISH SUBJECT at birth, passed to him via Pops, can't be NBC)
[ Post Reply | Private Reply | To 12 | View Replies ]

To: parsifal

If McCain had won, would you want the courts involved to throw him out because pro-Obama people were suspicious about him being a citizen, or NBC, or whatever?

Yes

171 posted on 10/21/2009 7:35:29 PM PDT by Deepest End ("It is the duty of the patriot to protect his country from its government." - Thomas Paine)
[ Post Reply | Private Reply | To 12 | 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