Did Federal Judge Susan Bolton have legal standing to rule in the Arizona "Undocumented Democrats Immigrants: Just Enforce the Damned Existing Federal Laws, Obama!" case?
Possibly not...
Who needs pesky borders, anyway? Just open 'em up and redistribute land and wealth at will. You uncaring Americans, you!
Possibly not...
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.But the Constitution is simply an anachronistic block to Progressives and far-left Social Democrats who would redefine the damned outdated thing to make America more 'fair' and less 'egalitarian'. We must overcome and remake the clauses of the Constitution we don't like, Obama and similar like-minded soft socialists say, to move us forward to a new order, where people are all well-kept and tended by Statists Who Care.
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.
Who needs pesky borders, anyway? Just open 'em up and redistribute land and wealth at will. You uncaring Americans, you!
Who is your 'astute attorney who is well-versed in Constitutional law' ?
ReplyDeleteAs an Arizona citizen (among hundreds of thousands) who totally refute US Federal District Court Judge Susan Bolton's decision, we'd like to know. We Arizonans are researching this decision and are keenly interested in documentation of the background of the judge who made this ruling. Your knowledge will be very helpful!
Sincere regards, and thank you for your response,
Bob Shank Jr,
Tucson, Arizona
The link to Canada Free Press states authorship is 'Publius-Huldah', a retired lawyer living in Tennessee, with this author bio...
ReplyDeletePublius Huldah is a retired lawyer who lives in Tennessee USA. She writes on the U.S. Constitution and posts her papers at publiushuldah.wordpress.com Before getting a law degree, she got a degree in philosophy where she specialized in political philosophy and epistemology (theories of knowledge).
Using primarily The Federalist Papers, which were written during 1787-1788 by Alexander Hamilton, James Madison & John Jay, in order to explain the proposed Constitution to the American People and induce them to ratify it, Publius Huldah explains the true & original meaning of the U.S. Constitution. She also shows how modern day judges on the U.S. federal courts have completely abandoned the U.S. Constitution and have substituted their own personal views and opinions for The Constitution. Publius can be reached at: Publiushuldah@twlakes.net
Publius-Huldah posts here.
I've not heard any followup on this approach; and am left wondering if there's not subsequent case law that refudiates P-H's excellent point. The US Constitution is pretty much getting shot full of holes, lately, and unfortunately.