Would Superman Pass the Birther Test

02 Mar 2011 13:23 #1 by ScienceChic
To lighten things up a bit...Enjoy!

http://motherjones.com/media/2011/02/su ... multiverse
Would Superman Pass the Birther Test?
Blawgers discuss Clark Kent's citizenship, Wolverine's health insurance, and why Bruce Wayne needs a good lawyer.
— By Tim Murphy
Wed Mar. 2, 2011

If you had the ability to shoot plasma from your hands, would you need a concealed weapons permit? It's a silly question, we know. Of course you would—and the state would be obligated to grant you one, provided you had no serious criminal history and the plasma-blasting was something you could control.

At least, that's the legal conclusion drawn by James Daily of Stanford University's Hoover Institution, and Ryan Davidson, an insurance lawyer from Fort Wayne, Indiana. Daily and Davidson are the founders of Law and the Multiverse, lawandthemultiverse.com/ the first blawg to seriously consider such questions as: Would mutants be protected by the Americans for Disabilities Act? Law and the Multiverse is where DC Comics meets D.C. v. Heller, and habeas corpus meets levicorpus.

Mother Jones spoke with the dynamic duo recently about the Affordable Care Act, Citizens United, and the zombie apocalypse.

Mother Jones: Superman became president at one point, and his immigration status was an issue. The Supreme Court decided that he was an American citizen. Did you agree with that decision?

MJ: The government relies on Batman a ton for law enforcement, but at the same time, he's running this giant multi-national, Halliburton-type company. Does that raise any conflict of interest issues?

MJ: Superheroes age at a much slower rate than the rest of the population. Should they be eligible for Social Security at the same age as everyone else? Would it be constitutional for the state to step in and say, "it sets in for these folks at 185."


http://lawandthemultiverse.com/
Law and the Multiverse Mailbag IX

Martin asks “if Superman crushes carbon and makes diamonds, is that taxable income? I would think if he made it into a ring and gave it to Lois the government might want a percentage.”

There are two questions here. First, are the diamonds taxable income for Superman (or Clark Kent) and second, are they taxable income for a recipient such as Lois Lane?


"Now, more than ever, the illusions of division threaten our very existence. We all know the truth: more connects us than separates us. But in times of crisis the wise build bridges, while the foolish build barriers. We must find a way to look after one another as if we were one single tribe.” -King T'Challa, Black Panther

The truth is incontrovertible. Malice may attack it. ignorance may deride it, but in the end, there it is. ~Winston Churchill

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02 Mar 2011 13:41 #2 by CinnamonGirl
Replied by CinnamonGirl on topic Would Superman Pass the Birther Test
It is funny. I have a weird birth certificate. It is not my original because of a number of reasons, a little too personal to discuss here, but mine is an obvious copy. And was made long after I was an infant. People always mention that it is weird. (black with white lettering) but it passes. I don't know a ton about the birther debate but why would a presidential candidate not go through a huge screen process before even being considered. They do that don't they?

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02 Mar 2011 13:56 #3 by Mayhem

CinnamonGirl wrote: It is funny. I have a weird birth certificate. It is not my original because of a number of reasons, a little too personal to discuss here, but mine is an obvious copy. And was made long after I was an infant. People always mention that it is weird. (black with white lettering) but it passes. I don't know a ton about the birther debate but why would a presidential candidate not go through a huge screen process before even being considered. They do that don't they?


Answer: NO!

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02 Mar 2011 14:13 #4 by PrintSmith
Read the 20th Amendment CG, specifically Article 3. You will find very clearly in the text what happens if a president is elected who fails to qualify for the office. The reason this language is contained withing the amendment is that there is nothing in place which requires one to prove eligibility to occupy the office prior to campaigning, or even being elected by the electors chosen by the states, to hold it. The party might have in place policies and procedures that are an attempt to prevent them from nominating someone for the office who would not, in their opinion, qualify to hold it, but there is absolutely nothing in place that guarantees that a presidential candidate is qualified to hold the office prior to their election. So far, the courts have ruled that individuals have no standing to legally challenge whether or not a candidate is qualified. I would have to presume that someone or some group somewhere along the line has that legally necessary standing, but I have not heard from the bench a description of who that might be, only that an individual citizen doesn't have it. Clearly though there is a possibility for the electors chosen by the states to cast their votes for, and elect as president, one who is not eligible to hold the office, otherwise the language in Section 3 of the 20th Amendment would not be necessary.

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02 Mar 2011 15:21 #5 by FredHayek
Would you change the Constitution so that Superman could run for President?

I wouldn't have a problem if the birth/POTUS part of the Constitution was changed. It might even make sense to hire/vote in another country's former President to be POTUS. They would have experience hardly anyone else has.

Back to fun: Would a flying Superman need to file a flight plan? Maintain a certain altitude and speed? Maintain radio contact with air traffic? Have a number painted on his cloak?

Thomas Sowell: There are no solutions, just trade-offs.

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02 Mar 2011 16:03 #6 by ScienceChic

SS109 wrote: Back to fun: Would a flying Superman need to file a flight plan? Maintain a certain altitude and speed? Maintain radio contact with air traffic? Have a number painted on his cloak?

lol Good questions!

Would Wolverine have to buy health insurance, even if he never needs it (unless Neuralyzer collars become common-place, that is)? If he's exempt, can anyone else with a similar mutation or ability demonstrate that and become exempt also based on case law?

Would Emma Frost have to take out extra liability insurance on her diamond skin?

Can someone with pet allergies sue Hank McCoy for endangerment?

"Now, more than ever, the illusions of division threaten our very existence. We all know the truth: more connects us than separates us. But in times of crisis the wise build bridges, while the foolish build barriers. We must find a way to look after one another as if we were one single tribe.” -King T'Challa, Black Panther

The truth is incontrovertible. Malice may attack it. ignorance may deride it, but in the end, there it is. ~Winston Churchill

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