Posted on 07/30/2010 5:19:55 AM PDT by afraidfortherepublic
Does anyone read the U.S. Constitution these days? American lawyers dont 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
Original jurisdiction means the power to conduct the trial of the case (as opposed to hearing an appeal from the judgment of a lower court). You all know quite well what a trial is - you see them all the time on TV shows: Perry Mason, Boston Legal, The Good Wife, etc. Witnesses testify and are cross-examined, etc.
The style of the Arizona case shows quite clearly that the named defendants are:
State of Arizona; and Janice K. Brewer, Governor of the State of Arizona, in her Official Capacity, Defendants.Judge Susan R. Bolton has no more authority to preside over this case than do you.
See where it says, State of Arizona? And Janice K. Brewer, Governor of the State of Arizona, in her official Capacity? THAT (plus Art. III, Sec. 2, clause 2) is what gives the US Supreme Court original Jurisdiction, i.e., jurisdiction to conduct the trial of this case. THAT is what strips the federal district court of any jurisdiction whatsoever to hear this case. Judge Susan R. Bolton has no more authority to preside over this case than do you...
(Excerpt) Read more at canadafreepress.com ...
Why should this be a surprise to anyone? Article 2 Section 1 states a person must be a natural born citizen to qualify as President but that hasn’t stopped BO/BS from illegally occupying the Oval Office.
Yes, we are incredibly DUMB!
Laws are becoming arbitrary. That is very dangerous. You don't make up the rules to fit your agenda and feed your ego.
That seems fairly straightforward, but there must be some point in history where that was abandoned. Southern states were party to numerous suits during the civil rights era, and those cases always went through lower federal courts. And the lawsuits states are filing concerning Obamacare will be filed in lower courts.
It might be that the volume of such cases made it impractical for the SCOTUS to handle them all. And also, what system of federal courts existed when the constitution was written?
NOPE!
Obama is the exception. HIs birth certificate must be sealed so NO ONE can see it. How odd!
Good one, Publius!
But “Progressives” don’t believe in the Constitution. They believe in doing whatever they want to do. And believe me, it doesn’t take brains to do that, much less lawyer training.
I have been saying this since the lawsuits were filed.
Governor Brewer should have come out and said:
No State is bound by any decision of an inferior court, the Constitution demands the Supreme Court to have Jurisdiction, in light of Judge Bolton’s decision, we have Arrested her and the members of the Attorney Generals office for subverting the Constitution and the rights of citizens in Arizona. We have seized all their civil assets, They will sit in Sheriff Joe’s tent city until trial, upon conviction they will be HANGED in PUBLIC for their crimes.
So, apparently then because the current SCOTUS is Conservative majority, and Obama/Holder wouldn’t get their own way, or at least aren’t guaranteed so, they went for an illegitimate BS show trial.
Hopefully this will get shoved up the ol’ u-know shoot.
“Hopefully this will get shoved up the ol u-know shoot.”
Too early, and NOT enough coffee yet. Should read “Shute” NOT “Shoot”.
I also notice that in the Constitution, congress is given exclusive power to make "...an uniform Rule of Naturalization".
Naturalization is theprocess by which one becomes a citizen. Okay. the congress makes the rules for becoming a citizen.
The problem is, I can't find the part that gives congress exclusive power to make rules regarding whom the States allow within their borders. The Constitution says: "The Citizens of each State shall be entitled to the Privileges and Immunities of Citizens an the several States", so it is clear that Citizens may travel freely from one State to another, but illegal immigrants are not Citizens.
Does anyone know if there is a past SCOTUS decision which specifically placed the enactment of rules regarding immigration/entry under the same jurisdiction as the "Rule of Naturalizattion"?
That is probably why that section was included. The states wanted to prevent the Federal Government from using the Judiciary as a hammer to attack State Sovereignty.
Arizona should raise the issue now that the Circuit Court had no jurisdiction to make the ruling it did and it should ignore the decision and continue to enforce the law.
The Constitution could not be clearer, but then who the hell bothers to read the constitution any more? Certainly the Federal judiciary has no interest in reading our founding documents.
Sounds like a great point, so, haven’t the attorneys for the State of AZ brought it up? and if not, why not?
“It might be that the volume of such cases made it impractical for the SCOTUS to handle them all”
Then they should have amended the Constitution.
Our current leadership is not required to follow he constitution. They have proven daily that it has no value in the operation of the USA. So why are you surprised? I have known that a state of war exists between the People of the US and Obama for 18 months
I believe that’s why it was a temporary injunction. And it mentions in the text of the case that the constitutionality would be decided at a later time.
You didn’t finish the article. The last part says, “with such Exceptions, and under such Regulations as the Congress shall make. “
Do you know what exceptions have been made by Congress?
leave the practice of law to lawyers. go and learn the difference between original and exclusive jurisdiction. you might want to throw in a lesson on concurrent jurisdiction.
There's a history to this, and at some point SCOTUS probably started assigning cases to lower courts. We'd have to know something about the size of the federal court system in the 1790s, and how it has evolved since.
They just don’t READ!!!!
http://www.youtube.com/watch?v=O6qEQ-KnitQ
Everyone should read the Constitution and the Declaration of Independence.
Reading IS really super-swell!!!!
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