Explosive new evidence shows ruling of AZ judge illegal

examiner.com ^ | July 31 2010 | Anthony G. Martin

[NoGrayZone]

In a stunning development that could potentially send the nation into a Constitutional crisis, an astute attorney who is well-versed in Constitutional law states that the ruling against the state of Arizona by Judge Susan Bolton concerning its new immigration law is illegal.

(Daniel Bayer/CBS News via Getty Images). The inept U.S. Attorney-General Eric Holder.

The attorney in question submitted her assertion in a special article in the Canada Free Press. Her argument states in part,

http://www.examiner.com/x-37620-Conservative-Examiner~y2010m7d31-Explosive-new-evidence-shows-ruling-of-AZ-judge-illegal

[NoGrayZone]

http://www.examiner.com/x-37620-Conservative-Examiner~y2010m7d31-Explosive-new-evidence-shows-ruling-of-AZ-judge-illegal

[NoGrayZone]

Did a title search and nothing came up. Hope this isn’t a dupe.

[kcvl]

“the Judge in the Arizona case has absolutely no Constitutional jurisdiction over the matter upon which she ruled. As the Constitution makes abundantly clear, only the U.S. Supreme Court can issue rulings that involve a state.”

[counterpunch]

Hardly a Constitutional crisis.
Judges get the law wrong all the time.
That is why we have an appeals process.

[SirJohnBarleycorn]

http://www.freerepublic.com/focus/f-bloggers/2563606/posts

We have been debating this already. I use the term “debate” loosely.

[CommieCutter]

“In a stunning development that could potentially send the nation into a Constitutional crisis,”

---

WHY?? BECAUSE OBAMA MIGHT ACTUALLY HAVE TO SHOW HIS PAPERS, IF HE EVER GOES TO ARIZONA???

[Para-Ord.45]

bm

[NoGrayZone]

"Hardly a Constitutional crisis. Judges get the law wrong all the time."

Hardly a Constitutional crisis? Really? I hope you forgot your sarc tag.

[Lurking Libertarian]

The judge's decision is wrong, and will be overturned on appeal, but the argument that she has no jurisdiction is just silly.

[Sacajaweau]

We thought it would eventually go to the USSC. So did Holder merely file in the Fed Court....because he knew he could find friends in the Fed Courts.

[NoGrayZone]

Hmmmm, it certainly makes you wonder why he won’t step foot in AZ at the moment.....

[the Real fifi]

It is NONSENSE. In 1787 Congress established a federal judiciary which gave the lower courts concurrent jurisdiction of suits brought against states.

[Cboldt]

I think there are 4 or 5 threads, at least 2 on the article in the Canada Free Press.

[KC Burke]

I will quote your post on that thread — a good analysis from just reading the US Code.

Yes, the Supreme Court has original jurisdiction over cases between the US and a state; but not exclusive original jurisdiction.
The district courts also have original jurisdiction in these types of cases.

Congress has clarified the exclusive original jurisdiction to be only disputes between states:

Title 28, Section 1251 of the US Code:

(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.

(b) The Supreme Court shall have original but not exclusive jurisdiction of:

(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;

(2) All controversies between the United States and a State;

(3) All actions or proceedings by a State against the citizens of another State or against aliens.

So yes, the District Court in which Judge Bolton sits has jurisdiction to hear this case.

[FreetheMarkets]

This was hashed out here several days ago. As one poster put it in those comments, the writer needs to learn the difference between original, concurrent, and exclusive jurisdiction. See 28 U.S.C. § 1251(b)(2)

[The Sons of Liberty]

If the usurper tries to run in 2012, EVERY state should have a law on the books to make him PROVE he is a Natural Born Citizen, or even a citizen, for that matter.

[centurion316]

Well, I think that Congressman Billybob is a pretty good Constitutional scholar and lawyer, and he has already debunked this assertion. But then, I don’t think that Anthony G. Martin gets out of his apartment very much.

[NoGrayZone]

"So did Holder merely file in the Fed Court....because he knew he could find friends in the Fed Courts."

It certainly seems that way. Or just to postpone the inevitable.

We must remember, they only have 91 days left to cram and destroy anything American they can get their grubby evil hands on.

[Political Junkie Too]

Hardly a Constitutional crisis. Judges get the law wrong all the time. That is why we have an appeals process.

The appeals court is just as illegitimate as the original jurisdiction court. You're basically saying that we should let the rules play out when the game started with a violation of the rules.

-PJ

[CommieCutter]

I’m sure he’s not interested in having rotten fruit thrown at his limo.