Writs of Certiorari
“the rule of four.”
and
.. Standing , are arbitrary terms established for the smooth working of the judiciary system. They are not laws established by the Constitution.
“Writs of Certiorari
“the rule of four.”
and
.. Standing , are arbitrary terms established for the smooth working of the judiciary system. They are not laws established by the Constitution.”
There is nothing arbitrary about how the Court operates. They are the actual real life processes by which the Supreme Court goes about its job of interpreting the Constitution.
For example, in this case, the Constitution says nothing about how to determine natural born citizen status or who should determine it. It is mute on that subject. If a justice is conservative and a “strict constructionist,” they might well decide that if the Constitution says nothing on a subject, that means that it is left to the states to decide (states’ rights under the 10th Amendment).
If a justice is liberal and believes the Constitution is a “living document” then they might go ahead and infer an interpretation in what the Founders meant to say in determining who is a “natural born citizen.” They might well vest that authority in Congress.
The persons who would be the most likely to have “standing” in this legal situation would be the people who were most directly harmed by an allegedly ineligible candidate: John McCain and Sarah Palin. But they choose not to get involved in any of these suits. The McCain-Palin campaign and the Republican Party didn’t even submit amicus (friend of the court) briefs in support of any of the legal challenges.