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Nothing says anarchy quite like a ruling elite that decides on its whim whether to prosecute the laws as written. And then, only to protect some of the people that it favors.
Posted on 09/08/2010 11:15:03 PM PDT by GracieB
In a stunning development that could potentially send the nation into a Constitutional crisis, an astute attorney who is well-versed in Constitutional law states that the ruling against the State of Arizona by Judge Susan Bolton concerning its new immigration law is illegal. The attorney in question submitted her assertion in a special article in the Canada Free Press. Her argument states in part, “Does anyone read the U.S. Constitution these days? American lawyers don’t read it. Federal Judge Susan R. Bolton apparently has never read it. Same goes for our illustrious Attorney General Eric Holder.
But this lawyer has read it and she is going to show you something in Our Constitution which is as plain as the nose on your face.
“Article III, Sec. 2, clause 2 says: “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction.” In other words, the Judge in the Arizona case has absolutely no Constitutional jurisdiction over the matter upon which she ruled. As the Constitution makes abundantly clear, only the U.S. Supreme Court can issue rulings that involve a state. This means that neither Judge Bolton nor the 9th Circuit Court of Appeals in San Francisco , to which the case is being appealed, have any legal standing whatsoever to rule on the issue. Thus, U.S. Attorney-General Eric Holder filed the federal government’s lawsuit against the state of Arizona in a court that has no authority to hear the case.
(Excerpt) Read more at beforeitsnews.com ...
vaudine
Damn, I hope this works out.
Freepers have been pointing this out for a couple of weeks now, at least. Why’s this such a revelation?
Besides, the parties are playing a political game ~ and want this to be an issue in the election 54 days away.
The Obamistas assume this will stir up their side to go vote against the evil Republicans. The Republicans assume this will stir up their side to go vote against the Democrat reprobates and child molesters.
All is good !
It is the first time I have seen anything about this.
This was the first time I saw anything about this, also. My apologies. I have come to find this which explains why it is being allowed. http://publiushuldah.wordpress.com/
(I don't mean the woman who is challenging the court's standing here.)
I believe this point has been brought up on FR but I don't recall who or what thread.
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Nothing says anarchy quite like a ruling elite that decides on its whim whether to prosecute the laws as written. And then, only to protect some of the people that it favors.
So that means Holder has to file with the Supreme Court to sue Arizona and they are not in session till October. Does the other ruling stand until then or is it wiped away immediately and therefore the law goes into affect?
I’m sure they will have at least 4 Justices agree to take the case. Kagen, Sotomayor, Breyer and Ginsberg without a doubt will sign on.
Article written by someone who has no idea what they are talking about. Plenty has been written explaining the distinction between “jurisdiction” and “exclusive jursidiction”. The Supreme Court has jurisdiction to hear it, but so do the district courts, and the Supreme Court will never take it until it works its way through the normal process.
IIRC the District Courts were created by the First Congress to relieve the Supreme Court of being a trial court and are more or less subordinate bodies of the Supreme Court.
That said, USC TITLE 28, PART IV, CHAPTER 81,§ 1251 states that the Supreme Court has Original - but NOT exclusive - jurisdiction in such matters.
USC TITLE 28, PART IV, CHAPTER 85, § 1345 gives shared jurisdiction to the District Courts.
So this is likely much ado about nothing ....
And the issue then quietly faded.
Or, alternatively, you have bought into the law school revisionism of the powers of the Supreme Court whose decisions have been allowed to overide the Constitution. However, the powers of the Judiciary were as carefully circumscribed as the other two branches of the US government.
Clearly, that cannot be allowed ever. Equally clearly, the Supreme Court has made wrong decisions more than a few times.
So much for the inviolability of "precedent!"
The question is will Brewer submit this to the SC? Or will everyone run and hide and pretend the constitution doesn’t exist. I vote the latter.
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I have to say that, personally, I find it rather drole that anyone thinks the government any longer gives a rat’s *ss about the principles laid out in the constitution.
I made that observation in the first comment I made on the first post I saw regarding the suit even before it was “decided.” Why Arizona is going along with the false ruling is a total mystery.
There is a constitutional problem with federal judges overreaching their authority over the States. It has some interesting twists and turns.
To start with, federal judges can overturn State laws deemed unconstitutional. However, federal judges have taken it further, way beyond their authority, by doing things like ordering States to appropriate money for things the judge wants, and creating special masters to force State compliance. This is wholly unconstitutional.
Even deeper into the constitution, the SCOTUS has in past ruled both that laws passed by congress supersede laws passed by State legislatures, and that federal judges overrule State judges. However, the SCOTUS has *never* ruled that the president can overrule the orders of State governors.
This means that going way back, when the president was in conflict with a governor, and neither side would bend, the president used “force of arms”, the US military, to get what he wanted. This was done most notoriously by president Jackson, against the efforts of South Carolina to nullify a federal tariff; and president Eisenhower, to force school integration in the high school in Little Rock.
Federal intrusiveness into the authority of the States, as well as the willingness of federal judges to hear any and every case that comes before them, no matter how redundant or nonsensical, which overburdens the Supreme Court, may result in an interesting constitutional amendment, a “second court” of the United States.
100 State judges, appointed by the States, as a judicial equivalent to the US Senate, would be the senior appellate court for cases originating from the States, about 8,000 a year, of which the Supreme Court can only hear a tiny handful.
This could be the final say of the States against runaway lower federal judges.
A simple majority of 51 could overturn any federal appellate court decision, which could still be appealed to the SCOTUS. However, if the State judges reached a 2/3rds consensus, or 67 votes, it could not be appealed. And if they reached a 3/4ths consensus, or 75 votes, the *subject* of that case would be excluded from future federal judicial review.
That is, in a manner of speaking, this Second Court of the United States, could be like a permanently seated constitutional convention solely for the judicial branch, to prevent federal judges, and judicial precedent, from running roughshod over the States.
This would correct a constitutional problem based on congress determining both the size and scope of the federal judiciary, but without having the information and familiarity they need to do so, which has resulted in a stultified court system ruled more by precedent than by law, and stuck in a 19th Century organization.
The ruling “stands” so long as Brewer and Arizona bow to it. In the meantime it constitutes another “precedent” that effectively whites out a provision of the constitution. Future courts will refer to the “precedent,” not to the Constitution.
If this is in fact true, seems to me The honorable judge Bolton is in desperate need of impeachment and removal for judicial malfeasance.
Defiant is absolutely correct and your response shows complete ignorance of the Constitution and the powers and jurisdiction of the SCOTUS.
Art. III, §2 gives the Supreme Court original jurisdiction over certain types of cases, including cases in which a State is one of the parties. There is a significant difference, however, between "original" jurisdiction and "exclusive" jurisdiction: Art. III, §1 gives Congress the power to create "inferior courts" (i.e., district courts), and in doing so, Congress has given jurisdiction to the inferior courts that overlaps the original jurisdiction of the Supreme Court, including jurisdiction to hear cases in which a State is one of the parties.
In addition, under the Separation of Powers doctrine, the Supreme Court, since its earliest days, has interpreted the original jurisdiction clause to mean concurrent jurisdiction, as opposed to exclusive jurisdiction, with the jurisdiction of the inferior courts that Congress has created. Indeed, by its own rules -- again, under the Separation of Powers Doctrine -- the Supreme Court has limited its original jurisdiction, with few exceptions, to appellate jurisdiction from the inferior courts that Congress has created under Article III. (One of the exceptions is that the SCOTUS has retained original jurisdiction over cases between two states that involve territorial boundaries.) Thus, the Supreme Court could have exercised original jurisdiction, over the Arizona Immigration Case, it has by rule and precedent chosen to to defer to the the concurrent jurisdiction of the District Courts.
Lastly, before you blame "law school revisionism" and liberal activist judges for overriding and perverting the Constitution, please note that the Supreme Court precedent and rulemaking authority to limit the exercise of the Court's original jurisdiction, goes back to the days of Chief Justice John Jay (one of the authors of the Federalist Papers) and Chief Justice John Marshall, at a time when the Justices on the Supreme Court who made the rules and precedent to limit original jurisdiction, were the Founding Fathers of our great nation.
The “opinion” was written by the village idiot too.
Unless I’m mistaken congress amended federal law to allow US District Courts to hold concurrent original jurisdiction over cases involving ambassadors
This has been around for a while; it’s dreck.
There were no federal circuit courts at the time of the writing of the Constitution—only the Supreme court is mentioned as the federal court. Circuit courts, and in fact the whole federal judicial system itself, were set up as a kind of extension of the Supreme Court, therefore when the Constitution says the Supreme Court has original jurisdiction, this functionally means federal courts have original jurisdiction, instead of local or state courts.
If they have “appellate jurisdiction” it means that state and local courts could try a case, but, the case could then be appealed to the federal courts.
Therefore it appears this is a stupid and ill-informed article.
Any first year law student—or just someone who’s had paralegal training (as I have) can tell you this.
Thanks, Labyrinthos, you said it all so I don’t have to.
OK, it's one of those days where my brain cells aren't functioning all that well*. I'm assuming you mean a clerk in Bolton's court who wrote the opinion. Am I wrong?
*Too much golf...but pretty good golf... :)
No, you are correct ;-)
OK, then maybe my mind isn't as muddled as I thought. Too much going on lately, and too much lousy weather as well. It's too soon for Fall.
Down to a peak of about 90 here, and the cost to play golf will soon double ;-)
It’s been very windy with gusts up to 50+ earlier this week. Yesterday was cloudy and around 70. Today, sunny and low 70’s but rain coming later this evening. I think the balmy days may be over.
I spent 11-1 downtown working Kiwanis Peanut Day. Then again from 4-5 out at Wal-Mart. Beautiful day, but I hope the rain holds until I finish that last shift. Three more weeks and my term as president ends. I’m looking forward to that. I’m letting the new guy do more and more as well. Heh.
Yeah, golf will double shortly for the Snowbirds. We don’t have that problem here. We’ll golf through October, maybe into November. Then it’ll be March before the courses open again. Rarely, we’ll have a Winter that allows us to golf through the season, but Winter’s been getting colder the past few years, and I don’t expect that to happen this year. Anyway, I have my little membership at a local 9-holer, so I don’t worry about it.
PEANUT Day ??
It’s a Kiwanis fundraiser. We have two clubs in town, which join together for this one event. We provide small bags of peanuts in exchange for freewill donations, money we turn around back to the community in support of youth-related programs. We have some other fundraisers during the year, but this is one that’s a national, if not international, in scope.
Sounds like a worthwhile endeavor. Good luck with it.
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