Who Has Standing In Determining Eligibility For the Presidency?

[WeDidIt]

The answer is quite simple under the constitution.

Standing in the issue of eligibility first falls to the several states under the 10th, 12th, and 20th amendments.

In all 50 states, standing is transmitted to the people via an electoral process for the choosing of electors. Documentary evidence within the several states may or may not be required. some states required sworn affidavits as to eligibility. The final say is with the electorate.

In 2008, issues regarding Barack Obama's eligibility were raised. Through the electoral process, the American People had standing to make a determination as to the veracity of the claims surrounding Barack Obama's eligibility. As it so happened, the vast majority of the American people who chose to exercise the franchise determined Barack Obama was eligible. This is as far as the standing of the American People went and the American people spoke.

Now that the electors have been chosen, only the Congress holds standing in determining eligibility. This is why all of these crazy lawsuits are being thrown out of court. No court in the United States has jurisdiction in this matter. The matter is 100% within the hands of Congress according to the 12th amendment. Under 3 U.S.C. 15. Section 15., a methodology for raising objections is laid out. DUers are very familiar with this as one Congressperson and one Senator must submit in writing their objection to the results of the electoral college vote (see Barbara Boxer in 2004).

So now the desperate Freepers and PUMAs simply need to find one congressperson and one Senator to raise an objection to the election of Barack Obama based upon eligibility and have that argument sway a majority of the Congress.

As DUers know, that is one tall order.

For A More In Depth Take On This, Click Here

[drm604]

1. This is a silly fringe argument.

I don't know why this is even being discussed anymore. His citizenship has been proven far beyond any reasonable doubt. You'd have to believe in a conspiracy that goes at least as far back as 1961 when his birth announcement appeared in at least one Hawaiian newspaper.

[WeDidIt]

2. That frivolous lawsuits are being brought is even more silly

Courts have no jurisdiction in the matter under the constitution.

It's just one huge assed waste of the court's time.

[treestar]

3. Great info!

:hi:

This is going to be up there with those out-there "fringe on the flag means admiralty jurisdiction" and the "income tax amendment is invalid" sorts of conspiracy theories.

[LiberalFighter]

4. I would love for all of the Republican Representatives and Senators raise the objection.

And make a fool of themselves.

[WeDidIt]

5. So would I

It would really make them look like conspiracy theory nuts.

[snowbear]

6. Very strange thread indeed...

[TexasObserver]

7. Well said. The "court of last resort" is congress, not the Supremes.