Showing posts with label Federal Judiciary. Show all posts
Showing posts with label Federal Judiciary. Show all posts

Monday, May 12, 2008

Reigning in the Power of the Federal Judiciary

Judges in the Federal Judiciary consistently decide cases over which they have absolutely no constitutional jurisdiction. Roe v. Wade is probably one of the best examples.

Ron Paul, candidate for the Republican presidential nomination, has written, "If the federal courts refuse to abide by the Constitution, the Congress should employ this constitutional remedy. By a simple majority, Congress could strip the federal courts of jurisdiction over abortion, thereby overturning the obviously unconstitutional Roe. At that point, the issue would revert to the states, where it constitutionally belongs, since no appeal to federal courts on the matter could be heard." (The Revolution A Manifesto).

Such legislation won't be forthcoming anytime soon. The great majority of our Senators and Congressmen are "sea anemones of virtue who can hardly wobble an antennae in the waters of negativity."

Monday, October 23, 2006

A Point to Ponder

Attorney General Gonzales is quoted on the website of the Whitehouse, regarding the Military Commissions Act of 2006, as saying, "I want to make one thing clear: The Military Commissions Act does not apply to American citizens. The military commissions established under the Act may try only alien unlawful enemy combatants, and the new law does not restrict the rights of United States citizens to file writs of habeas corpus in federal court."

In 1978 the Temporary Emergency Court of Appeals proclaimed that they could "find no basis in constitutional history, judicial interpretation, political history, legal scholarship, or persuasive argument to conclude that...a right ['to trust the federal government and to rely on the integrity of its pronouncements'] exists under...any...provision of the Constitution". Mapco Inc. v. Carter, 573 F.2d 1268, 1278 (Temporary Emergency Ct. App.)

So in light of the ruling, quoted above, by the Temporary Emergency Court of Appeals (which has never been overturned by the US Supreme Court), why should I believe Mr. Gonzales' statement that I have not lost my right to Habeas Corpus in the federal courts?

Thursday, September 28, 2006

This Case Says it All

In 1978 the Temporary Emergency Court of Appeals told us that they could "find no basis in constitutional history, judicial interpretation, political history, legal scholarship, or persuasive argument to conclude that...a right ['to trust the federal government and to rely on the integrity of its pronouncements'] exists under...any...provision of the Constitution". Mapco Inc. v. Carter, 573 F.2d 1268, 1278 (Temporary Emergency Ct. App.)

Tuesday, September 26, 2006

If You Dare to Dissent....

"In the federal courts, dissent cannot be tolerated. Federal judges have created the perfect existential argument: law, history, and precedence do not matter. The only thing that matters is here and now; what the court says is the law, is the law.

The danger of this should be obvious. If only the court can divine the law, then the law is unknowable to the common man, and nobody is safe."

Friday, September 22, 2006

Axis of Evil

"The White House, Justice Department, and the Federal Judiciary are an axis of evil."