11-19-2008, 10:12 PM
Since I am wearing my lawyer pants, this is my opinion: I think this case has 0 chance of going anywhere. Nor do I believe it is actual "news" and will properly be treated as the silly publicity stunt that it is.
1) He does not have standing to bring this challenge. That was the basis for the other wacky suits to get thrown out. I doubt California has standing to bring this either, and there is no chance that any state will do this.
2) I don't think a judge, federal or state, has the jurisdictional authority to determine whether or not the president meets the constitutional qualifications to be president. There is almost no chance that any judge would say they do.
3) Judging the qualifications of the electoral college is set to the State legislatures. Judging the qualifications of the president is likely in Congress.
4) Given this case has 0 legal merit, the plaintiff lacks standing, and no judge will hear the matter, there is no chance that any judge will examine BO's original birth certificate.
Some other points: any citizen can get a passport. But you have to be a "natural born" citizen to be president. So the substance of this claim is that he was born out of the country (although since he was born to a US citizen, I think he may still qualify as "natural born" ). I should point out here that McCain was born in Panama, to US Citizen parents, and he was considered to be "natural born".
You would think Swampy and the rest of crazies would be worried about whether there was a c-section or not.
1) He does not have standing to bring this challenge. That was the basis for the other wacky suits to get thrown out. I doubt California has standing to bring this either, and there is no chance that any state will do this.
2) I don't think a judge, federal or state, has the jurisdictional authority to determine whether or not the president meets the constitutional qualifications to be president. There is almost no chance that any judge would say they do.
3) Judging the qualifications of the electoral college is set to the State legislatures. Judging the qualifications of the president is likely in Congress.
4) Given this case has 0 legal merit, the plaintiff lacks standing, and no judge will hear the matter, there is no chance that any judge will examine BO's original birth certificate.
Some other points: any citizen can get a passport. But you have to be a "natural born" citizen to be president. So the substance of this claim is that he was born out of the country (although since he was born to a US citizen, I think he may still qualify as "natural born" ). I should point out here that McCain was born in Panama, to US Citizen parents, and he was considered to be "natural born".
You would think Swampy and the rest of crazies would be worried about whether there was a c-section or not.