Friday, March 14, 2014

THE TROUBLE WITH 'STANDING'

You may have heard this term used lately, usually in reference to Congress:  we don't have "standing" in the courts....
 
Bear with me while I explain that term so I can connect it to what will happen at the Supreme Court level to states whose Attorneys General have refused or will refuse to defend their Constitution in lower courts:
 
Standing and Legal Definition
Standing is the ability of a party to bring a lawsuit in court based upon their stake in the outcome. A party seeking to demonstrate standing must be able to show the court sufficient connection to and harm from the law or action challenged. Otherwise, the court will rule that you "lack standing" to bring the suit and dismiss your case.

There are three constitutional requirements to prove standing:
  1. Injury: The plaintiff must have suffered or imminently will suffer injury. The injury must not be abstract and must be within the zone of interests meant to be regulated or protected under the statutory or constitutional guarantee in question.
  2. Causation: The injury must be reasonably connected to the defendant’s conduct.
  3. Redressability: A favorable court decision must be likely to redress the injury.
There are other requirements imposed by judge made law:
  1. A party may only assert his or her own rights and cannot raise the claims of a third party who is not before the court.
  2. A plaintiff cannot sue as a taxpayer who shares a grievance in common with all other taxpayers.
Below is my first example of not having standing:

Wednesday, March 12, 2014

POLITICAL LAWLESSNESS IN AMERICA

I watch with growing alarm as the descent of morals, traditional values, constitutional freedoms and liberties give way to the political correctness of assuaging a liberal agenda that embraces an out of control society who delights in perversion and self-gratification.  We are treading in dangerous waters.  Our President thinks nothing of making end runs around Congress, issuing Executive Orders to carry out his wishes, picking and choosing which laws he will allow to be enforced or defended, and unilaterally changing the Healthcare Law at least 24 times since its enactment.  Listen to a supporter of President Obama who is himself, along with many others, concerned by the lawlessness of the President:
 
 

 

There can be absolutely no doubt, we have become a lawless nation and a decadent society.  We have tossed God aside, removing  him from  our schools, public places, the military,  and in general  allowed His existence to be denied.   This country was given to us to care for by our Creator.  He has blessed us even through our inequities but can He wait forever for us to come to our senses.  Is it not time now to pray for forgiveness and seek His blessings.