Standing Under Proposed State Presidential Vetting and Eligibility Laws

Wednesday, March 30, 2011

Standing Under Proposed State Presidential Vetting and Eligibility Laws

Standing Under Proposed State Presidential Vetting and Eligibility Laws


By Mario Apuzzo, Esq.
March 30, 2011

The Founders and Framers understood that under natural law and the law of nations, as explained by Emer de Vattel in his, The Law of Nations, Or, Principles of the Law of Nature (London 1797) (1st ed. Neuchatel 1758), a nation’s most fundamental duty is self-preservation. They therefore included the "natural born Citizen" clause in the Constitution so that each and every citizen would be protected by having someone assume and exercise the great and singular civil and military powers of the President and Commander in Chief with only their and the nation's values and safety at heart. To accomplish that end, the Founders and Framers required that anyone born after the adoption of the Constitution be born in the United States to U.S. citizen parents.

We have seen with the many Obama eligibility law suits filed in our federal courts, citizens have attempted to protect themselves by enforcing the “natural born Citizen” clause. One of these law suits is Kerchner v. Obama, 612 F.3d 204, 2010 U.S. App. LEXIS 13608 , cert. denied, 131 S.Ct. 663 (2010). In these legal actions, the federal courts have simply denied anyone the right to enforce the “natural born Citizen” clause and to challenge Obama’s eligibility because as they have said, no one had standing to bring any such lawsuits. Generally, one has standing to bring a legal action if one can show that one has suffered an injury in fact caused by the defendant’s conduct and for which the court can give one a remedy.

Several of our states are now working on drafting and passing presidential vetting and eligibility election statutes. As one example, Arizona H.B. 2177 and S.B. 1157 both have standing clauses. These clauses state: "A member of the House of Representatives, a member of the Senate or any other citizen of this state has standing to initiate an action to enforce this section."

As we can see, unlike our judicial branch of government, Arizona legislators have rightfully recognized the right of a citizen to protect his or her life, liberty, safety, security, tranquility, and property from a potentially illegal President sitting in the Office of President and Commander in Chief from which he or she would wield enormous power over that individual which would cause that person an injury in fact on a daily basis.

If one of these state laws passes, such a citizen would have standing to file a legal action in which he or she would be able to enforce the "natural born Citizen" clause by enforcing the state eligibility statute.

As I have already stated in my article entitled, “The States Have a Right and Duty to Assure Their Citizens That a Presidential Candidate Is an Article II ‘Natural Born Citizen,’” the states have every right and duty to pass presidential vetting and eligibility legislation. To give these laws any teeth and to avoid any possible political games by any Secretary of State, it is critical that such legislation include a standing clause. Without Congress, the courts, the political parties, and the media willing to enforce the “natural born Citizen” clause, how else are responsible Americans to make sure that their President is eligible for that office? Let us all give our states the support they need to enact such necessary and proper legislation.

Mario Apuzzo, Esq.
March 30, 2011
http://puzo1.blogspot.com/
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