Saturday, May 7, 2011

Ninth Circuit Court of Appeals on Obama Eligibility

The appeal before the court was on standing to challenge Obama's eligibility. Several interesting issues arose during the discussion.

Lawyers for Mr. Obama argue that courts can rule on eligibility only prior to election. After an election, Congress must deal with the issue through impeachment.

This is problematic because minor political parties (or citizens) may never be able to enforce eligibility for two reasons:

  1. They can not challenge through Congress without representation in the Congress. 
  2. Prior to election, a minor party could not challenge eligibility in court because it is premature as there is no clear remedy without determination of who won the election. (There is no remedy if the challenged candidate loses the election.) After an election, the Federal courts say there is no one with standing to challenge because even defeated candidates and their political parties are no longer candidates with standing to challenge.
The Senate cannot determine eligibility fraud as they are not a court of law or comprised of judges. How could a citizen hope to preserve their Constitutional Rights?

In effect, "We The People" are being told that we do not have standing, even opposing candidates and political parties' standing is challenged. So by election, the Constitution is amended without the proper process because judges wish to dodge the issue.

The only redress discussed was "wait for the next election and then challenge through a candidate." Which, for the above reasons, will not allow the enforcement of the Constitutional requirements to run for President. It seems that major political parties can put anyone they like on the ballet for President.

Bumper sticker from
Made me laugh!

The entire affair was broadcast on CSPAN2, May 7th, 2011 at 1:10 am PST as "President Obama's Birth Certificate & Citizenship Status."
Added to Archive as "[Drake v. Obama] Oral Arguments May2, 2011" Cases 09-56827 & 10-55084

No comments:




Related Posts Plugin for WordPress, Blogger...