Birthers should seek federal, not state, redress

Wednesday, April 27, 2011

What is the cost of unsuccessful appeals, to Commonwealth Court, to the state Supreme Court, to federal District Court and ultimately to the U.S. Supreme Court?
The state Legislature passes a law. Critics challenge it. In a year or two, it is thrown out as stupid, and unconstitutional to boot.
Cost? We'd suggest $500,000.
So would all the looney-tunes who don't understand that the Confederacy lost the Civil War 150 years ago and states' rights are limited please ante up? Put $500,000 into a kitty. Only then should any member of the Legislature seriously consider wasting time on this matter.
Some of those dingbats want the Legislature to pass a "birther bill," requiring future Presidential candidates to satisfy the Secretary of State that they are natural-born citizens of the United States. That is the state Secretary of State (Pennsylvania does have one), not the federal Secretary of State.
Think about this for a minute.
If such a law would be allowed to stand, why worry just about birth? Why not have the state decide whether a federal Presidential candidate is, in fact, 35 years old? Why not have the state decide whether a federal Presidential candidate is mentally competent? Why not have the state decide ... umm ... wait. It is a federal office. Therefore, Congress sets the qualifications. Now, Congress has decided to have the states run the mechanics of the election. Congress could just as easily decide that there will be a totally separate federal election for President and for both chambers of Congress. The states would have nothing to say about it. Of course, taxpayers would then pay double the current election costs.
"Federal election" equals "federal rules." Congress. Federal courts.
Any state attempt to bind the federal government is bound to fail, when Pennsylvania's taxpayers must endure cuts in programs and even without tackling this charade.
The "birthers" have a point. There is a citizenship requirement in the Constitution.
But the arena needs to be federal. To her credit, Arizona's Gov. Jan Brewer, clearly no Obama-buddy liberal, vetoed a state-level "birther" bill earlier this week.
Legislators ought to quit wasting Pennsylvania's time and money. And quit being stupid. It makes them less believable on other issues, including "taxed enough already" spending reduction proposals.