Rubin Young
@RubinCYoung
Food for thoughts
The Supreme Court of the United States has original jurisdiction over cases involving the legal foundations of our national government, including those involving the Presidency and/or former President of the United States, and should thus exercise its original jurisdiction under Article III with respect to the illegal and unconstitutional mistreatment of President Donald J. Trump.
This country is under attack.
According to our Constitution, whether a case involves the Presidency or the Executive, the Supreme Court has original jurisdiction.
It is improper to hold a trial in a lower or subordinate body for a constitutional officer who once functioned as President and Commander in Chief.
The Court’s Jurisdiction
Article III, Section II, of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court.
The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law.
Some examples include cases to which the United States is a party, cases involving Treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).
Judicial Review
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, which is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). A suit was brought under this Act, but the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter.
Since Article VI of the Constitution establishes the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand. In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution.
Before the passage of the Fourteenth Amendment (1869), the provisions of the Bill of Rights were only applicable to the federal government. After the Amendment’s passage, the Supreme Court began ruling that most of its provisions were applicable to the states as well.
Therefore, the United State Supreme Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
President Trump has absolute immunity for actions or decisions made while in office, according to the Constitution. He was relieved of his duties on January 20, 2021, and not on January 6, 2021.
Article II, Section 4: The President, Vice President, and all civil Officers of the United States shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Given this new information, President Trump, who was never found guilty by the Senate during his unconstitutional impeachment trial for the aforementioned alleged crimes, should not be tried again as a form of double jeopardy by a state court or a federal special prosecutor for decisions or actions occurring while serving as President prior to the alleged J6 coup d’état.
There was no January 6, 2021.
On that day, there was no actual revolt because the President, not Congress, was in charge of all federal governments.
An elected President must be successfully removed by
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Americans, not by foreigners, in order for there to be a true revolt or insurrection.
The People rest.
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7:33 PM · Aug 1, 2023
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https://twitter.com/RubinCYoung/status/1686565832682303488