Abdul Karim Hassan vs FEC ruling October 1, 2012, Presidential Election Campaign Fund Act, Natural born citizen requirement not repealed by 5th 14th amendments
From the FEC October 1, 2012.
DISTRICT COURT ISSUES OPINION IN HASSAN v. FEC
WASHINGTON – The United States District Court for the District of Columbia on Friday issued its Memorandum Opinion and Order in Hassan v. FEC (Case 1:11-cv-02189-EGS). The text of the Memorandum Opinion may be found here (http://www.fec.gov/law/litigation/hassan_dc_memo_opinion.pdf) and the text of the Order may be found here (http://www.fec.gov/law/litigation/hassan_dc_order2.pdf).
The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.
“Hassan’s challenge to the Fund Act rests on his contention
that the natural born citizen requirement has been implicitly
repealed by the Fifth and Fourteenth Amendments. The Court need
not repeat the thorough and persuasive opinions issued by its
colleagues in at least five other jurisdictions, all of whom
determined that the natural born citizen requirement has not
been implicitly repealed by the Fifth and Fourteenth Amendments.”
“Moreover, the Supreme Court has consistently held that the distinction between natural born citizens and naturalized citizens in the context of
Presidential eligibility remains valid.”
“Because the natural born citizen requirement has not been explicitly or implicitly repealed, Hassan’s challenge to that provision, and the Fund Act’s incorporation thereof, must fail.”