(For a full understanding of the Obama eligibility issue, please go to https://paraleaglenm.wordpress.com/2009/02/27/barack-hussein-obama-a-natural-born-subject-of-great-britain/ )
Bob Unruh, the lead reporter on the Eligibility issue (along with Dr. Jerome Corsi) interviewed me on Friday.
The article was posted Saturday morning at http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=98245
It was an honor following Dr. Daniel Tokaji, who I insisted Mr. Unruh contact. Professor Tokaji’s Michigan Law Review article ‘The Justiciability of Eligibility’ is a must read and I believe it was cited in my ‘Barack Hussein Obama’ blog post. Maybe not. However, the jurisprudence of eligibility is well covered by the Hollister vs. Obama up-date. https://paraleaglenm.wordpress.com/2009/03/19/hollister-vs-obama/
My contribution was a suggestion that existing case law from the U.S. Supreme Court allows the Justices to set aside the merits of a case while requesting amicus briefs on a legal question. (Cf. Sua Sponte order by the U.S. Supreme Court in the Metabolite case.)
Until now, judges have refused to hear any Eligibility cases due to the Political Questions Doctrine. The 3rd Circuit corruption of jurisprudence by Judge Surrick is an exception. Phil Berg’s case should have been heard. The Constitutional issue far outweighed any discretionary concerns for standing.
The Political Questions Doctrine removes subject matter jurisdiction from a court if the merits of the case would change an election. However, the court can address a matter of law and let another branch of government, or a lower court decide the issue.
This is what happened in Bush v Gore. The Supreme Court examined Florida’s own constitution, which was analagous to the U.S. Constitution’s requirement to certify election votes. The Florida court then decided to reverse its own previous position.
In the case of Obama’s Eligibility under Article II, the court can ignore the merits of the particular case and publish an opinion on the definition of Natural Born Citizen. Then, congress could exercise its constitutional powers under Art. I, Sec. 8 and move to remove Obama from office.