Scalia I believe uses Vattel regarding foreign trade laws – he is quick to state foreign laws and ideals when he needs them to back his opinion – but usually demeans them when dealing with precedent regarding our constitution. I wonder if he used Vattel for Heller when he wrote the decision of the court – I’ll have to check.
And if you are big into Vattel – one of my favorites of his…
"We ought to reject every interpretation that leads to an absurdity."
It appears that the founding fathers never broached the subject of ‘natural born citizen’. I often think that when they left things up to interpretation – they really left things up to interpretation. They were bright men, who knew that changing circumstances and even with the passing of time things would need to be reviewed in the constitution, and addressed either with amendments or with enactments of law. They get very specific with certain things – separation of power for instance – but, remain rather vague in others.
So, if the court reviews it – it will be probably interpreting a section of the constitution whose time has come to be analyzed. If not, and the court allows Obama to be sworn in – then, as you said Bryan, they have spoken with their silence. That at this time, that part of the constitution, and the laws that have been enacted to define it, can stand as is without review. Or, at least the case brought up is the wrong case to use to review the law.
Often that is the problem - wrong case, wrong time. Many times people who want the court to review something wait for years for the right case. They then groom the case so it can rise properly thought the courts. They also look for timing - so that the court's make-up at the time their case gets presented will have the split they want.
I actually would be quite happy if the electoral college just threw caution to the wind and voted in Hillary – but, that won’t be happening…
I like to be on top too
And if you are big into Vattel – one of my favorites of his…
"We ought to reject every interpretation that leads to an absurdity."
It appears that the founding fathers never broached the subject of ‘natural born citizen’. I often think that when they left things up to interpretation – they really left things up to interpretation. They were bright men, who knew that changing circumstances and even with the passing of time things would need to be reviewed in the constitution, and addressed either with amendments or with enactments of law. They get very specific with certain things – separation of power for instance – but, remain rather vague in others.
So, if the court reviews it – it will be probably interpreting a section of the constitution whose time has come to be analyzed. If not, and the court allows Obama to be sworn in – then, as you said Bryan, they have spoken with their silence. That at this time, that part of the constitution, and the laws that have been enacted to define it, can stand as is without review. Or, at least the case brought up is the wrong case to use to review the law.
Often that is the problem - wrong case, wrong time. Many times people who want the court to review something wait for years for the right case. They then groom the case so it can rise properly thought the courts. They also look for timing - so that the court's make-up at the time their case gets presented will have the split they want.
I actually would be quite happy if the electoral college just threw caution to the wind and voted in Hillary – but, that won’t be happening…
I like to be on top too