As long as I’m agitating crazies, I might as well deliver the bad news to the birthers, the wild-eyed bunch seek to oust the President because they claim he is a foreign-born fake citizen. They’ve claimed, based on evidence that no legitimate news organization has found convincing, that Barack Obama was born in Kenya. This despite his Hawaiian birth certificate and the coinciding announcements in the local newspapers. (Obama apparently conspired to take over the White House at a very, very early age.)
The birthers, despite their ferocious anti-Obama tenacity, have failed in most courts to establish standing. It’s not enough to be simply irritated by great events. The Supreme Court has indicated that one must show actual, personal damage to gain a foothold in court.
A judge in southern California said last week, however, said that, well, maybe there was a convincing argument for standing. But U.S. District Judge David O. Carter said it didn’t much matter. Even if the birthers could prove their very tenuous case, Judge Carter said that under the restraints required by the separation of powers mandate in the U.S. Constitution, a federal judge was not about to “overthrow a sitting president.”
In order for Plaintiffs’ alleged injury to be fully addressed, Plaintiffs would have the Court intervene, upheave the results of a national election, declare the President illegitimate, shut down the functioning of the government of the United States, and leave this country defenseless.
Plaintiffs make it clear from their briefing that they believe that any order issued by a president who does not satisfy the natural-born citizen clause is unconstitutional. Therefore, in order to cure Plaintiffs’ perceived injury, the Court would need to wade deep into the waters of the President’s official duties – in fact, it would have to declare that the President could no longer perform any official duties. The separation of powers concerns implicated by this request are grave.
The founders of the Constitution created impeachment to allow an orderly process of transition and succession during which the country can continue to function. Plaintiffs’ request, asking this Court to sweep away the votes of over sixty-nine million Americans with the stroke of a pen and order a new election during which the country would be in a state of turmoil, ignores the Constitution’s processes and separation of powers that were developed by the founders.
Next time they ride into court with the reckless and outlandish notion of overthrowing an elected president, birthers should their don protective headgear.