Article View: co.general
Article #86225Re: Oklahoma City Bombing Trials
From: Timothy I. McCrory
Date: Fri, 19 Jun 1998 00:00
Date: Fri, 19 Jun 1998 00:00
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10225 bytes
"None are more hopelessly enslaved than those who falsely believe they are free." Goethe Ignorance, i.e., lack of knowledge, is a curable ailment. Sadly, stupidity, i.e., the inability or the absolute refusal to learn, is not. Do some reading: http://idt.net/~tmccrory/OPALA.HTM After reading the Oklahoma Supreme Court Justice letter you might ask yourself, "Why does Oklahoma have non-constitutional courts?" You will note that Opala states that statutory courts are legislatively created courts. These legislative courts effect bills of attainder against the people when they deprive the people of life, liberty, or property as they are not judicial courts, i.e., courts of common law. Do you know the difference between United States District Courts and District Courts of the United States? One is a judicial court created pursuant to Article III of the Constitution and the other is a legislatively created court pursuant to Article I powers of Congress. Our Article III courts (District Courts of the United States) have all disappeared and now all we are left with are legislatively created federal courts created by Congress so the government can rule over its property pursuant to Article IV � 3.2. http://idt.net/~tmccrory/TWO_US.HTM http://idt.net/~tmccrory/THSNTTHT.HTM I would suggest you obtain and read the Supreme Court case below. In it the court points out that the district court in the District of Columbia may exercise both Article III and Article IV � 3.2 functions, but in the states where courts are created pursuant to Article III they may not be invested with any part of Congress' Article IV � 3.2 authority. In order to get around this prohibition the government has rid itself of Article III courts, District Courts of the United States. Then, in order to give their Article IV courts the appearance of legitimacy, they put judges appointed pursuant to Article III in them. These courts were our Article III judicial courts which were to operate pursuant to the English common law. http://idt.net/~tmccrory/28_116.HTM These are legislatively created courts. Note the historical notes, title 48, Territories and Insular Possessions. Congress' right to rule over the propety owned by the United States, Article IV � 3.2. These courts operate as admiralty/maritime courts. These are the same kinds of courts which caused our Founding Fathers to go to war. http://idt.net/~tmccrory/28_132.HTM 53 S.Ct. 740, 289 U.S. 516, O'Donoghue v. U.S., (U.S. 1933) Two cases are cited in support of the dictum in the Bakelite opinion--Keller v. Potomac Elec. Power Co., supra, and Postum Cereal Co. v. Calif. Fig Nut Co., 272 U.S. 693, 700, 47 S.Ct. 284, 71 L.Ed. 478. The Keller Case we have already discussed. It simply holds that, in virtue of its dual power over the [289 U.S. 551] District [of Columbia], Congress may vest non-judicial functions in the courts of the District. We find nothing in that decision which cannot be reconciled with what we have here said. In the case of Postum Cereal Co., the court follows the Keller Case in holding that administrative or legislative functions may be vested in the courts of the District, but adds that this may not be done with any federal court established under article 3 of the Constitution. Taken literally, this seems to negative the view that the superior courts of the District are established under article 3. But the observation, read in the light of what was said in the Keller Case in respect of the dual power of Congress in dealing with the courts of the District, should be confined to federal courts in the states as to which no such dual power exists; and, thus confined, it is not in conflict with the view that Congress derives from the District clause distinct powers in respect of the constitutional courts of the District which Congress does not possess in respect of such courts outside the District. snip 'But it by no means follows that because Congress has seen fit, by virtue of its authority over the District of Columbia, to confer upon the courts of the District administrative functions, which outside the District it may not confer upon courts created solely under article 3, these courts are any the less created under that article of the Constitution, nor do we know of anything in the history of these courts or in the legislation with relation to them which would indicate the contrary. We think a reasonable and correct view of the subject would indicate that, in the creation and organization of the superior courts of the District of Columbia, Congress has availed of its dual constitutional right in the first place to establish courts of law and invest them, as it has, with power and jurisdiction over all cases and controversies which, under the authority of article 3, it has invested the district courts of the United States, and, in the second place, in the exercise of the power of a sovereign state, under the provisions of section 8 of article 1, has further imposed upon them jurisdiction and power which it cannot impose upon other like courts functioning outside the District. There is no inhibition in the Constitution against the exercise by Congress of this dual power, arising as it does out of an express grant in the one case (article 3) and an implied grant in the other (article 1, s 8), nor does its exercise in the one case exhaust its power and prevent its exercise in the other, and therefore we assume, when Congress created the two courts--the District Courts of the United States and the Supreme Court of the District of Columbia--and gave to each, within its own sphere, identical jurisdiction, that it drew its power from the same source, even though it was necessary it should have recourse to another provision of the Constitution in order to clothe the courts at the seat of government with other and additional authority not permissible under article 3.' snip [4] This court has repeatedly held that the territorial courts are 'legislative' courts, created in virtue of the national sovereignty or under article 4, s 3, cl. 2, of the Constitution, vesting in Congress the power 'to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States'; and that they are not invested with any part of the judicial power defined in the third article of the Constitution. And this rule, as it affects the territories, is no longer open to question. Do the courts of the District of Columbia occupy a like situation in virtue of the plenary power of Congress, under article 1, s 8, cl. 17, 'To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States? * * *' This inquiry requires a consideration, first, of the reasons upon which rest the decisions in respect of the territorial courts. The authority upon which all the later cases rest is The American Insurance Company et al. v. Canter, 1 Pet. 511, 546, 7 L.Ed. 242, where the opinion was delivered by Chief Justice Marshall. The pertinent question there was whether the judicial power of the United States described in article 3 of the Constitution vested in the superior courts of the territory of [289 U.S. 536] Florida; and it was answered in the negative. 'The Judges of the Superior Courts of Florida,' the Court said, 'hold their offices for four years. These Courts, then, are not constitutional Courts, in which the judicial power conferred by the Constitution on the general government, can be deposited. They are incapable of receiving it. They are legislative Courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations, respecting the territory belonging to the United States. The jurisdiction with which they are invested, is not a part of that judicial power which is defined in the 3d article of the Constitution, but is conferred by Congress, in the execution of those general powers which that body possesses over the territories of the United States.' -- /s/ Timothy I. McCrory Web Site - Kay County Patriots http://idt.net/~tmccrory/ "As nightfall does not come at once, neither does oppression. In both instances there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air - however slight - lest we become unwitting victims of the darkness." Supreme Court Justice William O. Douglas "If a nation values anything more than freedom, it will lose its freedom; and the irony of it is that if it is comfort or money that it values more, it will lose that too." Somerset Maugham "None are more hopelessly enslaved than those who falsely believe they are free." Goethe
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X-Google-Language: ENGLISH,ASCII X-Google-Thread: 1121b7,543affd3486b7290 X-Google-Attributes: gid1121b7,public X-Google-Thread: 10fa57,543affd3486b7290 X-Google-Attributes: gid10fa57,public X-Google-Thread: 10bab8,543affd3486b7290 X-Google-Attributes: gid10bab8,public X-Google-Thread: 1073ca,543affd3486b7290 X-Google-Attributes: gid1073ca,public X-Google-Thread: 1026d8,543affd3486b7290 X-Google-Attributes: gid1026d8,public From: "Timothy I. McCrory" <tmccrory@idt.net> Subject: Re: Oklahoma City Bombing Trials Date: 1998/06/19 Message-ID: <3589F480.C7E86262@idt.net> X-Deja-AN: 364094014 Content-Transfer-Encoding: 8bit References: <MPG.fecd6241b846b11989681@news.infi.net> <6m3vvf$n2o$1@news1.rmi.net> <MPG.fef98458ee3130a989693@news.infi.net> <01bd98d4$cb0f2ce0$8576cccf@bwagner.ionet.net> <3588A341.965F9C15@idt.net> <35892750.59346603@news.supernews.com> Content-Type: text/plain; charset=iso-8859-1 Organization: none Mime-Version: 1.0 Reply-To: tim_mccrory@bigfoot.com Newsgroups: co.general,co.politics,ok.announce,ok.general,ok.tulsa.general