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Restore State s Rights & Original Jurisdiction to Supreme Court ReJoinOrDie.com KANSAS PatriotCoalition.comFIRECoalition.com NovemberPatriots.info.

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Presentation on theme: "Restore State s Rights & Original Jurisdiction to Supreme Court ReJoinOrDie.com KANSAS PatriotCoalition.comFIRECoalition.com NovemberPatriots.info."— Presentation transcript:

1 Restore State s Rights & Original Jurisdiction to Supreme Court ReJoinOrDie.com KANSAS PatriotCoalition.comFIRECoalition.com NovemberPatriots.info

2 State Sovereignty and Federal Lawsuits with States The Obama Care lawsuits are undermining State Sovereignty by being filed in Courts without Constitutional Authority. There is no greater threat to state sovereignty than this issue.

3 Why does this matter? These court cases may take 2-3 years to reach the Supreme Court. The Supreme Court makeup may change. The Supreme Court may refuse to accept these cases on appeal? D.C. v. Heller 5/4 McDonald v. Chicago 5/4

4 State Sovereignty The several States that compose the United States were and are sovereign in their own right. A sovereign cannot be sued without their consent. Consent includes where they agree to be sued.

5 Article III §2 clause 2 is where the States consented to be sued in the Supreme Court. State Sovereignty

6 Article III §§ 1-2 Establishes federal judiciary Defines scope of its power Distributes that power

7 Article III §2 clause 2 Distributive Clause 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, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

8 Article III §2 clause 2 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.

9 Article III §2 clause 2 Original Jurisdiction – Jurisdiction in the first instance. Jurisdiction to take cognizance of a cause at its inception, try it, and pass judgment upon the law and facts. Distinguished from appellate jurisdiction. Blacks Law Dictionary Fifth Edition, West Publishing Co. (1979)

10 Article III §2 clause 2 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.

11 Article III §2 clause 2 Party – a person that is either suing (plaintiff) or a person being sued (dependent).

12 In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. Article III §2 clause 2

13 Appellate jurisdiction – is a courts authority to review a lower courts ruling. Article III §2 clause 2

14 Supreme Court Jurisdiction States or foreign sovereigns = original jurisdiction All other cases = appellate jurisdiction

15 Where did the sovereign States consent to be sued? In the Supreme Court Article III §2 clause 2

16 State Sovereignty and Federal Lawsuits with States If states are going to challenge the constitutionality of a federal law, or if the federal government desires to challenge the constitutionality of a state law, should they not do so in a constitutional manner?

17 Sovereignty & 10 th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

18 Our rights are not granted by the government or by the Constitution. Our rights are granted by the Creator. The governments job is only to protect them. Sovereignty & 10th Amendment

19 Establishing Jurisdiction to sue a State

20 Establishing Jurisdiction The ObamaCare and Arizona suits were each filed in district courts, and established jurisdiction using federal statutes.

21 Are these statutes Constitutional as applied to these cases? Establishing Jurisdiction

22 28 USC Section 1331 § Federal question The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

23 § United States as plaintiff Except as otherwise provided by Act of Congress, the district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States, or by any agency or officer thereof expressly authorized to sue by Act of Congress. 28 USC Section 1345

24 Statutory Jurisdiction …an act of the legislature repugnant to the constitution is void…. -MARBURY v. MADISON, 5 U.S. 137, 177 (1803) -Original jurisdiction of Court to issue Writ of Mandamus under Judiciary Act was void.

25 Duty of Jurisdiction If congress remains at liberty to give this court appellate jurisdiction, where the constitution has declared their jurisdiction shall be original; and original jurisdiction where the constitution has declared it shall be appellate; the distribution of jurisdiction made in the constitution, is form without substance. - MARBURY v. MADISON, 5 U.S. 137, 174 (1803)

26 May the Supreme Court refuse Original jurisdiction? Duty of Supreme Court

27 We have no more right to decline the exercise of jurisdiction which is given than to usurp that which is not given. The one or the other would be treason to the Constitution. - Supreme Court Chief Justice Marshall Cohens v. Virginia, 19 U.S. 264, 404, 6 Wheat. 264 (1821)

28 Constitutional Compliance Is there any Constitutional Authority for the federal District Courts to hear these cases?

29 Article III §2 clause 2 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.

30 Does anyone else feel these cases belong in the Supreme Court?

31 Canada Free Press (July 29, 2010)

32 Conservative Examiner (July 31, 2010)

33 Supreme Court Historical Society Trustee Rockford Register Star (Aug. 20, 2010)

34 The United States Constitution, Article III, Sec. 2, Cl. 2 specifically provides that: In all cases …. in which a state shall be party, the Supreme Court shall have original jurisdiction. (Emphasis supplied) Thus, U.S. Attorney General, Eric Holder filed the federal governments lawsuit against the state of Arizona in a court that has no authority to hear the case. This means that neither Judge Susan Bolton nor the 9th Circuit Court of Appeals in San Francisco, to which the case is being appealed, has any legal standing whatsoever to rule on the issue, and yet it will take three years or more, certainly past the 2012 presidential elections, to establish the fact. -Bernard Reese, of the law firm Reese & Reese, Trustee, Supreme Court Historical Society

35 Is anyone else supporting the federal District Court actions?

36 How is this a win for the Constitution?

37 Is this supporting the Constitution?

38 Conclusion What should We the People, as concerned citizens, be doing to solve this problem?

39 Thomas Jefferson s Advise on Usurpations of the Constitution by the Supreme Court I will say, that against this every man should raise his voice, and more, should uplift his arm…That pen should go on, lay bare these wounds of our Constitution, expose the decisions seriatim, and arouse, as it is able, the attention of the nation to these bold speculators on its patience. - Thomas Jefferson, Letter to Thomas Ritchie, December 25, 1820

40 Action Plan 1.Contact Attorney General Derrick Schmidt and inform him that he should file the Kansas complaint against ObamaCare in the U.S. Supreme Court as the Constitution requires. 2.Contact your legislators. 3. Write letters to the editor.

41 Patriot Coalition Actions Arizona Governor Brewer VA Attorney General Cuccinelli Chief Justice John Roberts, U.S. Supreme Court (Among others)

42 Patriot Coalition (Aug 12, 2010)

43 Defending the Constitution is your Responsibility!

44 For more information, visit: ReJoinOrDie.com Richard Fry, General Counsel, Patriot Coalition Or Jeff Lewis, National Director, Patriot Coalition Then write Attorney General Schmidt at: God Bless America & Those That Defend Her!


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