American democracy would be regarded as a lie by much of the population. Two cases of the Court just handing the election to the Republicans would make the whole idea of elections into a joke. Voting on the left would nosedive, as millions stay home because there’s no point. An increase in crime and civil disobedience, and political violence from the left, as the government loses it’s moral authority to rule and the left loses any belief that legal solutions are possible. Open gloating from the Right.
Wouldn’t Biden just take over? It wouldn’t give the election to the Republicans, so far as I understand. Would it? Plus I believe the guy is also saying that McCain was inelegible to be on the ballot, too. Either this guy is a fruitcake, or he wants some formal definition of “natural born citizen” to be decided upon, once and for all.
To imagine the Supreme Court stepping so aggressively outside their constitutionally mandated role, I would have to presume that they were attempting a coup d’état.
It looks to me like, even if the Supremes went completely off their rocker and went along with this, it’s only the New Jersey votes which are at stake. Obama has more than enough electoral votes to lose New Jersey and still win.
Of course, if one buys this argument, then it’s fairly straightforward to prove that nobody in the entire country is a citizen, since this is basically asserting that it’s impossible to be a citizen unless both of one’s parents are citizens, and if you go back far enough, none of your ancestors were citizens.
While I agree the supreme would be loco to try this, I don’t think it’d call into question everyone’s citizenship.
It doesn’t say whether they have to be naturalized or natural born American parents, and anyrate people here when the US was founded were grandfathered in so there kids would be safe.
Has every previous President that wasn’t alive at the time of the signing of the Constitution had two parents that were born in the US? I doubt it, but can’t think of a counter-example.
It might be good for the court to rule on this and settle the issue once and for all. No way are they going to deny that McCain or Obama are not natural born citizens.
He actually does have a point about Calero, if the NJ SOS is supposed to keep invalid candidates off the ballot, he shouldn’t have been allowed on as I oon’t thin there’s much question a Nicarguan born in Nicaragua to Nicaraguan parents is not a naturally born citizen.
Seems like that would be a question for the NJ courts though.
But if, say, we went to La la land and the ballots were ruled invalid because none of the three are considered “natural born citizens” wouldn’t that affect the other 49 states too? How can you be a citizen in one state and not another? Is is kinda like gay marriage, you’re married in one state but not another?
And if the ballots were invalid, would it mean that Biden is out of it since he’s on the ballots? And if so, then the Turkey Benefactor would be out of it too, right? And then what? Have a whole new election? Or would Ralph Nader finally make it to the White House?
But seriously, if the justices decided to grant the stay, how long could something like this drag out while they decide what in fact IS a “natural born citizen”?
It wouldn’t be stepping any further than they did in Marbury v. Madison (“It is emphatically the duty of the judiciary to say what the law is”!! - John Marshall).
It would be perfectly acceptable for the SCOTUS to step in to interpret the term “natural born citizen” from the Constitution. Scholars for years have speculated that it is a higher standard than normal born-to-a-citizen citizenship, but no Supreme Court has ever had the opportunity to interpret this clause.
The result would probably be a 9-0 decision affirming that, even considering that Obama’s father was Kenyan, and even allowing, arguendo, that he wasn’t born in Hawaii, his citizenship-by-birth would still satisfy the constitutional test. I think it would be great for two reasons:
It would put an end to the bickering. No one would be able to claim any longer that Obama couldn’t be president (unless they also were willing to argue that GWB’s first term lacked legitimacy).
It would, once and for all, set a precedent that Ahnold can’t run.
As others pointed out, it’s unfair to assume the current court would automatically rule against Obama. If they take up this case, it’ll probably result in a 9-0 decision that Barack Obama is a natural-born citizen and is eligible to be President. That will put this issue to an end.