Sunday, December 14, 2008

Constitutional Standing

Well, a federal judge has violated the constitutional separation of powers between the federal government and the sovereign states that make up this Union. http://www.abpnews.com/index.php?option=com_content&task=view&id=3710&Itemid=53 The interesting aspect of this case is that no person was able to establish standing to bring the suit. Even more interesting is that the Supreme Court has just rejected suits regarding the birth abroad of Baraka Hussein Obama. The justices claimed that no one has standing to enforce a provision of the Constitution. In constitutional law, you cannot bring an action unless you have standing, e.g. you have been harmed by a government action. While it is clear that the Constitution will be violated by Baraka Hussein Obama's taking the Oath of Office as President, it is not so clear that there is any violation of the Constitution by a license plate in South Carolina having a cross on it. Just havign a cross on the license plate is not establishing a church, which is what the First Amendment prohibits, e.g. no litigant and their proxy, the ACLU, has identified the particular church that is being established by having a cross on a license plate. There is no denonimation identified, so no church has been established. Not the Baptists, not the Methodists, not the Catholics, etc. I, personally, am offended by the nature worshipers who have whales on their license plates in California, but there is no establishment of the pagan nature worship religion. However, just as Hillary Clinton is prohibited by the Constitution from serving as Secretary of State, so Baraka Hussein Obama, born in Kenya, is unqualified to serve as President.

No comments: