Federal Judges are SUBORDINATE to the Constitution!
Folks, we must do all we can to keep this Elena Kagan off the US Supreme Court. Watch this video: http://www.youtube.com/user/aulaction
My dear Alexander Hamilton would oppose this viper who has, in effect, already announced that she intends to usurp powers! In Federalist No. 81 (9th para), Hamilton said federal judges may be impeached for usurpations of power. http://www.foundingfathers.info/federalistpapers/fed81.htm
Contact your Senators! Tell them to oppose Kagan's nomination. Tell them to fillibuster. Whatever it takes to keep her off the bench.
Tags: Alexander Hamilton, Elena Kagan, Federalist No. 81, impeachment of federal judges, judicial usurpations
Replies to This Discussion
-
Permalink Reply by JC Daley on -
The Judiciary Committee will begin hearings on Kagan on Monday. This is their web site with the list of names and addresses of members. We need to contact every member of this committee and STOP this nomination. She is an not even as qualified as Harriet Meyers.
http://judiciary.senate.gov/ -
-
Permalink Reply by JC Daley on
-
This is sort of off topic for Kagan, but I have a question about the Federal Judge in which ever district Court that over ruled the feds on shutting down the oil wells. In that case, even though he is 100% correct in his decision, is it his decision to make?? Or is this "Step One" in getting the issue to the Supreme Court?? If it is, could the SCOTUS rule that this Judge does not have the Judicial power to make that decision and over rule the Executive Branch, thus, negating the entire issue which is to put people back to work.
Conversely, does the Executive Branch have the power to go into a State and issue stop work orders?? Does this overlap with Maritime law because the oil rigs are in the Gulf?? I know there is a "Federalist Paper" on this subject too because the framers left NOTHING nebulous. I'm just not finding it in what I am reading in the Federalist Papers--or maybe I am not understanding what I am reading. Trying to find my own answer I am back to Federalist 76--should I keep going backwards???
Actually, wouldn't it be easier to just impeach Obama and be done with it??? (referring back to your discussion about High Crimes and Misdemeanors"). -
-
Permalink Reply by Publius Huldah on -
It's an excellent Question, my dear JC!
The federal court system is composed of 3 levels of courts:
(1) The federal district courts (these are the courts where most trials are conducted).
(2) The circuit courts of appeal (these courts handle appeals from the district courts).
(3) The US Supreme court (this handles appeals from the circuit courts of appeal and has "original" [trial] jurisdiction over the categories of cases listed in Art. III, Sec. 2, clause 2).
It was a federal district court judge which issued the ruling overturning obama's ban on drilling. So, yes, the obama administration has an automatic right of appeal to the 5th Circuit Court of Appeal (which encompasses the district court which issued the decision). The US Supreme Court has some discretion is deciding which appeals from the Circuit Courts they will hear.
But yes, it is possible that if obama appeals, the 5th Circuit Court of Appeal will overrule the District Court Judge.
And it is possible that the US Supreme Court will overrule the 5th Circuit!
Here is the story on the US Supreme Court: 4 justices range from great to decent: Clarence Thomas, Sam Alito, John Roberts & Antonin Scalia. The 5th is Anthony Kennedy, who is the "swing" vote: he thinks the 14th Amendment provides a constitutional right to engage in (ahem) same sex relations; but he is not a loon in all things. [I'm not saying anything about you-know-what; I'm just saying it's not a constitutional right!] The remaining 4 are leftist loons. Kagen has been nominated to replace one of these leftist loons. But she is more extreme than any of them.
The federal government has no constitutional authority to go into any State and issue stop work orders! NO AUTHORITY, whatsoever! That is not one of the delegated powers granted by The Constitution to Congress or the Executive Branch. Read through Articles I & II and you will see.
About the Gulf: The threshold issue is who "owns" the waters where the rig is located. See the discussion titled,
"A Question on Federal Regulations", posted by Mike Swoverland on May 23, 2010 at 7:21pm in Constitution Study Group.
But even if these are "federal waters", it is Congress which makes the Rules - not the strutting bantam rooster. The bantam rooster has authority only to execute the constitutional laws which CONGRESS makes.
Review Article II. The president's powers are really quite limited. -
-
Permalink Reply by JC Daley on
-
THANK YOU !!. You make it all so easy to understand!! Too bad the 535 members of Congress don't participate in this study group--as well as the Bantam and the 4 SCOTUS loons!! 99% of them obviously would benefit!!!
-
-
Permalink Reply by Constance Strait on
-
I am new to the group and I do realize that this post is from June 27th,2010....Was Senator Durbin's reaction favorable?
-
© 2013 Created by Judson Phillips.
