Tagged: U.S. Constitution

“Because impeachment has been so rare, the American people rarely focus on it. That’s good. In a way, it’s great. Impeachment is a remedy of last resort. If We the People don’t discuss impeachment for a decade or two, or three, that’s not the worst news. The likely reason is that our presidents are performing well, or at least well enough. We don’t have to worry over how and whether to get rid of them. But in a way, the citizenry’s failure to discuss impeachment is a big problem, above all on republican grounds. Thanks to the fighters and the founders, we are a self-governing people. In the view of some of the authors of our founding document, the impeachment clause was among the most important parts of the entire Constitution. Pause over that. With the monarchical history looming in the background, they greatly feared a king. Sure, most of them wanted a powerful executive, with Alexander Hamilton helping to lead the charge. But they were ambivalent. They were gravely concerned about the possibility of abuse. They insisted on safeguards in the event that things went badly wrong (and they had a concrete sense of what that might mean). The impeachment mechanism was the most important of these safeguards. If the nation’s leader proved corrupt, invaded their rights, neglected his duty, or otherwise abused his authority, that mechanism gave We the People a way to say: NO MORE.”

Source: Cass R. Sunstein. Impeachment: A Citizen’s Guide. pg. 12. 2017.

“Redress for constitutionally based deprivations is of substantial importance if we expect that government will act within the bounds of the Constitution.”

Source: David Rudovsky. Running In Place: The Paradox of Expanding Rights and Restricted Remedies. University of Illinois Law Review 5: 1199, 1202. 2005.

“Sparkman and Waco examined the definition of a judicial act though the lens of maliciousness, and, in granting immunity, the Court slammed the door on one of the possible exceptions mentioned in Randall. In Dennis v. Sparks, 449 U.S. 24 (1980), the Court expressly extended that reasoning to include allegations of corruption.”

Source: Timothy M. Stengel. “Absolute Judicial Immunity Makes Absolutely No Sense. An Argument For An Exception To Judicial Immunity.” 84 Temple Law Review 1071, 1079-1080. 2012

“No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it… It is the only supreme power in our system of government, and every man who, by accepting office participates in its functions, is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes on the exercise of the authority which it gives.”

Source: U.S. v. Lee, 106 U.S. 196, 220 1 S. Ct. 240, 261, 27 L. Ed 171 (1882).

“US Supreme Court Justice Antonin Scalia — one of most conservative members of the high court — has died. Justice Scalia’s death could shift the balance of power on the US high court, allowing President Barack Obama to add a fifth liberal justice to the court. The court’s conservative majority has recently stalled major efforts by the Obama administration on climate change and immigration. Justice Scalia, 79, was appointed by President Ronald Reagan in 1986. He died in his sleep early on Saturday while in West Texas for hunting trip, the US Marshall service said. Justice Scalia was one of the most prominent proponents of ‘originalism’ — a conservative legal philosophy that believes the US Constitution has a fixed meaning and does not change with the times.”

Scaliadeadracist

OMG!!!! I can’t believe this! It’s almost as if my prayers have been answered. In my latest petition to the Supreme Court, I asked Scalia [and Chief Justice Roberts] to disqualify himself from deciding my Petition for Reconsideration because I believed he was racist and was unfit to impartially decide my case due to his bias, prejudice and impropriety.

My petition can be read below.

Good riddance! Now if only the universe could get rid of the other corrupt & racist Justices on the bench…

read my Petition for Rehearing & Motion to Disqualify Chief Justice John G. Roberts and Justice Antonin Scalia

IMG_7634 (2)

It was such an ordeal to get this petition printed and mailed using the Spanish copy center and postal service, but I was able to get it done [thx God & Ahmet]! Read my petition below.

“A recent research paper published in the Law and Society Review found that the petitions arriving over the summer had a 16 percent worse chance of being accepted by the Court. The three researchers believed the reluctance of new clerks to recommend cases was part of the reason for the lower acceptance rate. The New York Times’ Adam Liptak wrote in August about how seasoned attorneys try to avoid having their petitions on the long-conference calendar. Liptak spoke with Gregory Garre, a former solicitor in the George W. Bush administration, about the long conference’s reputation. ‘Given the numbers, as counsel, you really have to try your best to avoid the summer list, though sometimes it is unavoidable,’ Garre said. ‘Fortunately, as tough as the odds are, the cream can still rise to the top.'”

Maybe it was a good thing Cynthia Rapp and the others tried to prevent my pleadings from being submitted…Either way, it doesn’t change the fact that their actions constitute a deliberate obstruction of justice.

Source: NCC Staff. “The Supreme Court’s ‘Long Conference’ Is Today — Why We Care.” National Constitution Center. September 28, 2015. http://blog.constitutioncenter.org/2015/09/the-supreme-court-long-conference-is-today-and-why-we-care/.

“The sharp shift away from the civil justice system has barely registered with Americans. F. Paul Bland Jr., the executive director of Public Justice, a national consumer advocacy group, attributed this to the tangle of bans placed inside clauses added to contracts that no one reads in the first place. ‘Corporations are allowed to strip people of their constitutional right to go to court,’ Mr. Bland said. ‘Imagine the reaction if you took away people’s Second Amendment right to own a gun.'”

Source: Robert Gebeloff and Jessica Silver-Greenberg. “Arbitration Everywhere, Stacking The Deck Of Justice.” New York Times. October 31, 2015. http://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html?_r=0.

“The consequences of arbitration clauses can be seen far beyond the financial sector. Even lawsuits that would not have been brought by a class have been forced out of the courts, according to the Times investigation. Taking Wall Street’s lead, businesses — including obstetrics practices, private schools and funeral homes — have employed arbitration clauses to shield themselves from liability, interviews and arbitration and court records show. Thousands of cases brought by single plaintiffs over fraud, wrongful death and rape are now being decided behind closed doors. And the rules of arbitration largely favor companies, which can even steer cases to friendly arbitrators, interviews and records show.”

Source: Robert Gebeloff and Jessica Silver-Greenberg. “Arbitration Everywhere, Stacking The Deck Of Justice.” New York Times. October 31, 2015. http://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html?_r=0.

“By inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies like American Express devised a way to circumvent the courts and bar people from joining together in class-action lawsuits, realistically the only tool citizens have to fight illegal or deceitful business practices. Over the last few years, it has become increasingly difficult to apply for a credit card, use a cellphone, get cable or Internet service, or shop online without agreeing to private arbitration. The same applies to getting a job, renting a car or placing a relative in a nursing home.”

Source: Robert Gebeloff and Jessica Silver-Greenberg. “Arbitration Everywhere, Stacking The Deck Of Justice.” New York Times. October 31, 2015. http://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html?_r=0.