August 01, 2010
Lil' Obama 8-01-10
Sic semper tyrannis-thus always to tyrants.
Yep, as it turns out, Judge Too-Sexy-For-The-Law Bolton had absolutely no business hearing the SB 1070 case. The Constitution is pretty darn clear, this sort of thing can ONLY be heard by the Supreme Court. And as I recall, the SCOTUS already made a ruling on this sort of thing...in the state's favor.
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…
Also bear in mind Article IV, Sec. 4:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Article IV, Sec. 4, requires the federal government to protect each and every State against invasion. Not only is the Regime refusing to perform this specific Constitutional duty - it seeks to prohibit the State of Arizona from defending itself! This is a DIRECT violation of the Constitution, which forced Arizona to pass laws to protect itself, which it is Constitutionally allowed to do under Article 1, Sec. 10:
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Certainly sounds like what's happening on our border to me, kids.
Well, Governor Brewer has a very easy way through this. All she has to do is file a Petition For Removal with Bolton, since Bolton is not Constitutionally authorized to touch this case. If Bolton refuses, then Brewer can file a Petition For a Writ of Mandamus with the Supreme Court, requesting that they ORDER Bolton to transfer this case to the SCOTUS.
Posted by TFMo at August 1, 2010 04:58 AM
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