Posted on | October 29, 2009 | Comments Off on
I find the decision disappointing but there is something good to take from it. That is the conclusion that the Plaintiff candidates were harmed. I think the justiciability prong can be turned around since Carter created a false premise to justify his lack of justiciability. We all know he does not have jurisdiction to impeach Obama. What he does have jurisdiction and a duty to do is interpret the Constitution. The Legislative Branch does not have the jurisdiction or ability to interpret the Constitution. All Judge Carter should have done is apply Obama’s facts (after conducting a hearing) to the natural born citizen term in the Second Amendment. The district court has exclusive jurisdiction and the duty to interpret the Constitution which he should have done. Then, the Legislative Branch would be required to take action based on whatever the court’s interpretation was. On appeal, this distinction must be highlighted. Pete Anderson
“Are you willing to spend time studying the issues, making yourself aware, and then conveying that information to family and friends? Will you resist the temptation to get a government handout for your community? Realize that the doctor’s fight against socialized medicine is your fight. We can’t socialize the doctors without socializing the patients. Recognize that government invasion of public power is eventually an assault upon your own business. If some among you fear taking a stand because you are afraid of reprisals from customers, clients, or even government, recognize that you are just feeding the crocodile hoping he’ll eat you last.” Ronald Regan