COMMENT: Marty, you perceive markets and the authorized system. You had been proper once more. The Supreme Court docket rejected the Brunson case.
KQ
REPLY: As I wrote before, this was an attention-grabbing argument, however will probably be much more
“earth-shattering if the Supreme Court docket really takes the case and guidelines on the validity of taking an oath of workplace.”
How are you going to assist, and defend, the Structure in opposition to all enemies, international and home in case you refuse to even examine the declare?
Right here is the true monumental downside. Does the Supreme Court docket act constitutionally or has it denied residents the suitable to be heard as declared by the Structure itself? Because of this they struggle to stack the Supreme Court docket as a result of the legislation is simply not the legislation. The true situation is the Judiciary Act of 1925 and the courtroom itself.
I specialised, not simply in historical past, but additionally within the rise and fall of countries. Traditionally, a collapse within the rule of legislation is a key ingredient within the fall of countries. I studied legislation intensely and a few legal professionals will usually name me on constitutional questions. Why? If you go to legislation college, you spend little or no time on the Structure. The majority of legislation issues statutory legislation which is the whole lot written and handed by Congress from civil rights to Obamacare. Only a few circumstances find yourself difficult the constitutionality of a statute. As a substitute, they merely problem the unconstitutional acts of presidency brokers similar to police and politicians.
The Supreme Court docket held that the Structure is damaging, that means it’s a restraint upon authorities, in Harris v. McRae, 448 U.S. 297 (1980). Meaning residents can’t demand that authorities create any social program for there isn’t a such Marxist element to the Structure that folks assume exists. There is no such thing as a authorities obligation to pay for an abortion or a coronary heart transplant.
I’m going to make a press release right here I’ve made to Constitutional legal professionals that make their eyes come out. The Supreme Court docket has no Constitutional proper or permission to train “discretion” to listen to a case. They should hear each case introduced to them for that’s dictated by the Structure and can’t be circumvented by a statute written by Congress or by its personal rule-making apply. No statute or rule can negate the structure as outlined by the Supremacy Clause (Article VI, Paragraph 2).
The Supreme Court docket receives roughly 7,000-8,000 petitions for a writ of certiorari every time period (yr). The courtroom grants and hears oral arguments in about 80 circumstances per yr in a rustic of over 300 million. That’s outrageous and this apply denies the individuals the constitutional assure of a tripartite authorities (3 branches) with every department appearing as a examine and stability in opposition to the others. Let’s assessment what the construction of presidency crafted by the Founding Fathers created.
Chief Justice Marshall was held within the landmark case Marbury v Madison, 5 US 137 (1 Cranch) (1803) by which he declared the function of the Judiciary department. “It’s emphatically the province and responsibility of the judicial division to say what the legislation is.” When the nation started, the Supreme Court docket justices rode on “circuits.” Every justice heard circumstances of their assigned circuits across the nation for there have been no circuit courts with federal judges. Article III, Part I, of the Structure expressly states:
“The judicial energy of america, shall be vested in a single Supreme Court docket, and in such inferior courts because the Congress might every now and then ordain and set up.”
The Structure assured the Supreme Court docket. It gave the choice to Congress to create inferior federal courts across the nation, however this was in no way necessary. The implications of this are fairly profound for it implies that Congress can shut all of the federal inferior district and appellate courts, nevertheless it can’t shut the Supreme Court docket. The tripartite construction of presidency requires the Supreme Court docket – not inferior courts. Justice Reynolds defined this succinctly:
“The accepted doctrine is that the decrease federal courts had been created by the acts of Congress and their powers and duties rely on the acts which referred to as them into existence, or subsequent ones which prolong or restrict.”
Gillis v California, 293 US 52, 66 (1934)
Your constitutional proper to be heard is being DENIED. That proper is being circumvented by demanding you go to a district courtroom decide, then attraction to that circuit courtroom, after which apply to be heard as one of many 7,000+ petitions once they solely settle for 80. What if a toddler couldn’t converse to his or her father and would solely talk with them by some nanny? Is there a relationship bond between the daddy and the kid? In fact not.
Inferior courts are underneath no obligation to use even a uniform authorized code. Every has its personal guidelines and precedents which are distinctive to every circuit. The legislation as practiced in New York is completely different than as practiced in California, Texas, or Florida. It isn’t all the identical! There is no such thing as a assure of EQUAL PROTECTION OF THE LAW when these circuit courts are free to do as they like. The media by no means writes about this and doesn’t discover it unusual that now we have no unified rule of legislation in america. You must get to the Supreme Court docket and they’re alleged to take such circumstances to ascertain the legislation nationally when it differs among the many circuits.
Chief Justice Marshall additionally held in 1821 a vital resolution holding:
“If the structure doesn’t confer on the courtroom, or on the federal judiciary, the facility sought to be exercised, it’s in useless that the act of Congress purports to confer it…”
Cohen v Virginia, 19 US 264 (6 Wheat) (1821) id/324
Congress decreased the facility of the Supreme Court docket by eliminating the constitutional standing of the courtroom by enabling them to determine to listen to circumstances at their “discretion,” however that’s completely unconstitutional for no statute can amend the Structure. Any statute or rule created by Congress can’t circumvent the Structure – PERIOD!
The Structure ONLY created the Supreme Court docket. Congress created the statutory inferior courtroom which will be closed at any time as a result of they had been NOT created by the Structure. Subsequently, it’s blatantly UNCONSTITUTIONAL for the Judiciary Act of 1925 to scale back the Supreme Court docket to considered one of discretion. That could be a constructive modification to the structure which in itself is an act of outright revolt.
