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Posted on 08.04.09 by Thomas L. Knapp
“Obama’s opponents in the 2008 presidential election can show injury, since their personal presidential ambitions were thwarted. Indeed, Alan Keyes has filed a lawsuit making just that claim. In order to get Obama out of the White House, however, Keyes would have to show that his injury could be redressed by the court. But the most a judge could do would be to remove Obama from office, making Joseph Biden the president. Keyes would be in the same boat he’s in now. Even if someone could establish standing for such a case, the courts might refuse to hear it under a prudential limitation called the political question doctrine. This states that courts will not settle questions that the Constitution clearly assigns to other branches. Because Congress can challenge the president’s credentials during the vote-counting process and impeach him at any time, presidential eligibility is a classic political question.” (08/03/09) Link: http://www.slate.com/id/2224167/ Filed under: PND Commentary | Report Bad Link Bookmark this post in Furl or Del.icio.us | |









