The February 12 Wall Street Journal has this interesting op-ed on why lawsuits filed, alleging that the Constitution is being ignored, so seldom win. The problem is that courts often rule that the plaintiffs lack standing, because they haven’t been particularly injured. The focus of the article is the current lawsuit alleging that Hillary Clinton is not eligible to be Secretary of State, but the article also focuses on lawsuits concerning the eligibility of Barack Obama and John McCain to be president. Thanks to Bill Van Allen for the link.
Now you see why “standing” is a cop-out. If the Constitution is established by We The People, then a breach of it gives We The People, ANY of us, standing to sue. This obvious common-sense approach to the Constitution is what has been long missing in both Congress and the Courts, and is one of many basic fundamental reasons why our nation is in so much trouble.
Just the point I have been trying to make.
If the Constitution has been violated (and certainly it has been, every day), then each and all of us have been “injured.”
“Cop-out” is exactly the right word.
A big part of the reason for a standing requirement in general — and a particular injury in, well, particular — is to make sure there is a real “case or controversy”. As my notes say my Constitutional Law professor put it, requiring a controversy guarantees the court has concrete facts to insure the “adversariness” of the proceeding. (Which is essential to the court’s efforts to find the truth and establish justice — that’s the American way, Mr. Kent.)
But seriously, I expect that people who visit this site know how much less likely we are to establish truth or justice if there isn’t a real difference of opinion between the two sides “arguing” on an issue. . . .
In an actual case or controversy not involving constitutional issues or provisions, I would agree with the standing rule, but NOT when it involves constitutional issues. Unfortunately the courts in their infinite lack of wisdom get the two mixed up on a regular basis.
We have become a banana republic. The American people don’t want freedom anymore, they want to be taken care of. Socialism is here. When aren’t near the edge. We have driven off the cliff and in free fall waiting for the crash.
The failure of the DNC national Nominating Convention to properly and validly “vet” its candidate, along with failure of 50 state Secretaries of State and State Boards of Election, creates a conflict among competing parties to the Presidential Election. Congress and State Courts avoided issues of equity and legality of the Election by approving the vote of the Electoral College. The Supreme Court not only avoided this issue of substance and urgency, but confounded the separation of powers and established legal practice by holding an ex parte conference with only the two defendants present with 8 Justices of the Court on the day before Inauguration, the same day defendants Obama and Biden responded to their summons to the Court on a pending legal challenge on the issue.
The failure of government officials and the Judicial Branch of the Federal government leaves the people without further recourse and creates a condition of tyranny between leaders and citizens.
Facts indicating sealing of factual evidence of a candidate’s original long form birth certificate, and the refusal of the candidate and Hawaiian authorities to release that evidence for review seems to represent a de facto conspiracy to defy the constitutional requirement of “natural born citizen” as a qualification for President.
The standing EVIL JUNK is due to the EVIL party hack U.S.A. Supremes appointed by EVIL party hack U.S.A. Prezs and confirmed by the EVIL party hack U.S.A. Senate.
Result — the systematic subversions / violations of the Constitution by the party hacks in the Congress, White House and the States approved by the party hack Supremes — regardless of the We the People in the Preamble and Art. VII — especially since 1936 and the Prez Roosevelt attempt to pack the Supremes with more party hacks.