Not only is the Obama regime refusing to perform this specific Constitutional duty – it seeks to prohibit the Sovereign STATE of Arizona from defending itself! This lawlessness on the part of the Obama regime is unmatched in the history of Our Country.From Canada Free Press, a bit of information that should change the entire debate over Arizona’s attempt to protect itself from the invasion from Mexico, and the violent crime it brings. It also brings up many questions that absolutely need answers. (Like why didn’t we figure this out first!)
~Publius Huldah
ONLY the US Supreme Court has Constitutional Authority to Conduct the Trial
Does anyone read the U.S. Constitution these days? American lawyers don’t read it. Federal Judge Susan R. Bolton apparently has never read it. Same goes for our illustrious Attorney General Eric Holder. But this lawyer has read it and she is going to show you something in Our Constitution which is as plain as the nose on your face.
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…
“Original” jurisdiction means the power to conduct the “trial” of the case (as opposed to hearing an appeal from the judgment of a lower court). You all know quite well what a “trial” is – you see them all the time on TV shows: Perry Mason, Boston Legal, The Good Wife, etc. Witnesses testify and are cross-examined, etc.
The style of the Arizona case shows quite clearly that the named defendants are:
State of Arizona; and Janice K. Brewer,Judge Susan R. Bolton has no more authority to preside over this case than do you
Governor of the State of Arizona, in her
Official Capacity, Defendants.
See where it says, “State of Arizona”? And “Janice K. Brewer, Governor of the State of Arizona, in her official Capacity”? THAT (plus Art. III, Sec. 2, clause 2) is what gives the US Supreme Court “original Jurisdiction”, i.e., jurisdiction to conduct the trial of this case. THAT is what strips the federal district court of any jurisdiction whatsoever to hear this case. Judge Susan R. Bolton has no more authority to preside over this case than do you (unless you are a US Supreme Court justice).
In Federalist No. 81 (13th para), Alexander Hamilton commented on this exact provision of Art. III, Sec. 2, clause 2:
…Let us now examine in what manner the judicial authority is to be distributed between the supreme and the inferior courts of the Union. The Supreme Court is to be invested with original jurisdiction, only “in cases affecting ambassadors, other public ministers, and consuls, and those in which A STATE shall be a party.”Yet Attorney General Eric Holder filed the case in a court which is specifically stripped of jurisdiction to hear it!
Public ministers of every class are the immediate representatives of their sovereigns. All questions in which they are concerned are so directly connected with the public peace, that, as well for the preservation of this, as out of respect to the sovereignties they represent, it is both expedient and proper that such questions should be submitted in the first instance to the highest judicatory of the nation.
Though consuls have not in strictness a diplomatic character, yet as they are the public agents of the nations to which they belong, the same observation is in a great measure applicable to them. In cases in which a State might happen to be a party, it would ill suit its dignity to be turned over to an inferior tribunal….[boldface added, caps in original]
So! Counsel for the State of Arizona should consider:
1. File a Petition for Removal before federal district court Judge Susan R. Bolton demanding that the case be removed to the Supreme Court on the ground that under Art. III, Sec. 2, clause
2, US Constitution, only the Supreme Court has jurisdiction to conduct the trial of this case.
2. If Judge Bolton denies the Petition for Removal, file a Petition for Writ of Mandamus in the Supreme Court asking that court to order Judge Bolton to transfer the case to the Supreme Court.
A Petition for Writ of Mandamus is an old common-law “extraordinary writ”: It asks a court to ORDER a lower court or other public official to something which it is its duty to do. In Kerr v. US District Court for Northern District of California (1976), the Supreme Court said, respecting the propriety of issuing writs of mandamus:
….the fact still remains that “only exceptional circumstances amounting to a judicial ‘usurpation of power’ will justify the invocation of this extraordinary remedy.”…(para 13)When a federal district court judge presides over a case which the Constitution specifically prohibits her from hearing, and even issues a ruling enjoining the enforcement of a State Law, then that federal district court judge usurps power. She is specifically stripped – by Art. III, Sec. 2, clause 2 – of jurisdiction to preside over the case against the STATE of Arizona and against THE GOVERNOR of the STATE of Arizona.
For procedures for filing the Petition for Writ of Mandamus, see Supreme Court Rule 20.This is quite the pickle Holder and Dear Leader find themselves in. This is pretty cut and dried. Only the Supreme Court has the jurisdiction to rule on SB 1070, because the Obama regime is suing the sovereign state of Arizona. This would seemingly void everything activist judge, Susan Bolton, has done, including staying parts of the Arizona law.
Article IV, Sec. 4, requires the federal government to protect each of the States against invasion.Not only is the Obama regime refusing to perform this specific Constitutional duty – it seeks to prohibit the Sovereign STATE of Arizona from defending itself! This lawlessness on the part of the Obama regime is unmatched in the history of Our Country.
Congress Passed an Arizona-Like Immigration Law in 1996Read more here.
Back in 1996 (when fanny packs were still cool, in some circles) it was time to get tough on immigration, and an interesting little law was passed. Congress deemed it appropriate for state and local law enforcement to enforce immigration law. In the inscrutable manners of Washington (where all legislation seems to be named with insufferably cute acronyms or indecipherable legislative codes that read like security passwords), this law came to be known as 287g.
Want to know what 287g says? Well, just read the law in Arizona. Yes, that law. The one causing protests in the streets of Phoenix, hysteria on cable talk shows and confusion in the courts. The one that empowers state and local law enforcement to enforce immigration law.
The federal law that has been on the books for more than decade … empowers state and local law enforcement to impose immigration law. According to U.S. Immigration and Customs Enforcement, more than 60 jurisdictions in states across the country have taken advantage of this law.
Florida, Virginia, Oklahoma, Ohio, New Hampshire, California, and even Massachusetts are among the states in which local police are enforcing immigration law.
When his daughter became governor, Chuck [Heath] found it immensely amusing that acquaintances asked him to sway Sarah on particular issues.Chuck Heath is everyone’s favorite middle school science teacher. His home is an amateur natural history museum filled with fossils and skulls and antlers. Far from being “anti-intellectual,” Sarah Palin was raised in a home where science was valued and children were expected to bring home good grades and go to college after high school.
He says he lost that leverage before she was two.
Chuck Sr. drove Palin hard, both as a father and a coach. “She gets her steel, her competitiveness, from him,” says Marie Carter Smith, who was the school statistician. Chuck ran alongside on training runs for miles, barking maxims he picked up in his own career as a high school football player in Idaho, under a farm legend named Cotton Barlow. “Lead by example, not with your mouth,” he said. Or: “Run through it! The more pain you’re feeling, the more it will show in the performance.”Her sister Heather noted that Sarah was “the strong, quiet one,” in the family.
When Chuck chewed her out like a football player, she stared back at him and nodded. “She just looked me straight in the eye, didn’t talk back or anything,” he says. “It’s a wonder she didn’t whack me.”
By all accounts, Palin didn’t need an external motivator. She understood she wasn’t a gifted athlete, so she decided to be a tireless worker. “She ran her guts out,” Smith says. And she did it with an obvious edge. “She was small and thin and active,” Heather remembers. “There was no slacking when that girl was practicing or competing.”
From the time she was in elementary school, [Palin] consumed newspapers with a passion. “She read the paper from the very top left hand corner to the bottom right corner to the very last page,” said [her sister] Molly. “She didn’t want to miss a word. She didn’t just read it — she knew every word she had read and analyzed it.”Still, no one ever thought that politics was in her future. Her future husband said she was shy in high school and not someone he would have pictured having a political career. Her mother said the same:
“She didn’t talk about politics or getting into politics,” said her mother, Sally Heath, adding that her daughter back then was “never one to be in the limelight.”She was a good student in college, but did not stand out. “She was quiet, she took notes, didn’t speak unless she was called on,” according to one classmate. She was even described as “almost a wallflower type.” But her reserve wasn’t indicative of weakness or even timidity. Her friends recognized an inner strength:
Palin was a calming presence who offered to pray for her when [college classmate Stacia Crocker] Hagerty had boyfriend troubles. “She was so ‘steady Eddie,’ so rock solid,” Hagerty said. “She didn’t make a big deal out of things like other people did. She talked about politics and history and what was going on in the world. I was like, whatever, I don’t care about that stuff.”It would appear that she was always “intellectually curious.”
“We called her Little Sarah. She was sort of a quiet type person, but she was really a competitor and wanted to do her best in anything she went to do,” said Jerry [Russell, her basketball coach].She was short and scrappy and not a natural athlete. She had to work hard to achieve. She didn’t have an overarching ambition in life. Instead she pursued modest goals, one after the other, and built up her confidence. The first goal was winning the state championship, and she succeeded against all expectations. She would later say, “I know it’s hokey, but basketball was a life-changing experience for me. It’s all about setting a goal, about discipline, teamwork and then success.”
Jerry says Sarah Heath was usually timid, but he remembers a time when he put Sarah on the bench for not doing as she was told.
“And she turned around and looked at me, and said, ‘You’re always telling us that if we see the opportunity to score, to take it, and that’s what I did, so put me back in.’ It was so out of character for her, I had to turn my head because I just couldn’t keep from laughing,” Jerry said.
[...]
But he says Sarah became more outgoing in high school, even becoming known at “Sarah Baracuda” on the basketball team, and her team went on to win the state championship.
“She played that game on a fractured ankle,” said Jerry.
In between semesters [Palin] did her famous stint as a beauty queen, which she mainly did for the money. The interesting thing about that is, at roughly the same time, she worked in a fish cannery to make extra money. Glamor and fish slime. Quite a contrast. And somehow very her.It was never really her thing.
It was the prospect of tuition money, friends said, that led her to compete as Miss Wasilla in the 1984 Miss Alaska pageant — a little surprising, perhaps, since she “wasn’t a high-heels kind of girl,” as one competitor put it, and found the swimsuit competition “painful,” according to her mother.Yes, I can see that it was painful. In the photo of her swimsuit competition, her shoulders have that slight hunch of a modest girl who feels exposed. And here we have another striking incongruity about Sarah Palin. Lorenzo Benet revealed that she was never the prettiest girl in class. Her future husband thought she was, but he appears to have been struck by love at first sight. As an adolescent she was regarded as rather “dumpy” with her thick black glasses. Sarah Palin was the geeky/jock girl, not the beauty queen type.
ADN: Tell us one thing even your closest friends don’t know about you.Diane Osborne, one of the sponsors of the Miss Alaska pageant, didn’t think the soft-spoken, unobtrusive, agreeable young Sarah Heath had a prayer of winning the pageant:
PALIN: My disdain for shopping is pretty extraordinary.
“I kind of worried about how she would do up there on stage,” Ms. Osborne said. “You have to have a certain go-get-’em to get up there and stand up for yourself, and she came across as such a shy, sweet girl.”Never underestimate her determination. The quiet girl pulled it together. She was the second runner up. She got some scholarship money and moved on to the next thing.
[Kim] Ketchum discovered…that Palin was a natural in front of a camera, a quality that helped her land her first post-college job as a weekend sports reporter at an Anchorage television station. For a journalism class, they videotaped themselves giving a 30-minute speech for classmates to critique.She didn’t stand out in the minds of her college professors, but she managed to snag two good internships with local television stations by sheer determination. She was “a go-getter,” according to her academic advisor at the University of Idaho, Roy Atwood:
“She didn’t have the kind of fear most kids would have had,” Ketchum said. “I could barely handle it.”
“She may not have stood out as a brilliant student that people remember well in class, but her record suggests she was a student who went way above and beyond and maintained a sense of drive and initiative that was rare,” Atwood said.She eventually landed a great job at the Anchorage station KTUU as a sports broadcaster. She got good at it. She probably could have gone all the way with it if she wanted to. But she didn’t. She decided it wasn’t for her. She left to raise her kids.
[Reagan] happened to read a novel which his mother had picked up somewhere called “That Printer of Udell’s.” It’s the story of a young man born in a rather ugly industrial midwestern town, who discovers through a series of bitter experiences with an alcoholic father… that he has got the gift of oratory. And through his good looks and his voice and his convictions he manages to create a whole social movement in this town. The young man, Dick Falkner, goes off to Washington to take his message to the world. [Reagan] went to his mother when he finished that book, and he said, “I want to be like that man, and I want to be baptized.”Young Reagan, whose own father was an alcoholic, obviously identified with the main character. Like Palin, his career path had twists and turns — through sports broadcasting and acting — before he eventually made his way into politics. I doubt if anyone suspected he would be president someday, but the inclination and the calling was always there. His boyhood writing reveals his fascination with politics and even a tell-tale desire to be president one day. His mother’s faith instilled in him a sense of destiny about his place in the vast cosmic scheme of things. There was no hubris in this; it was a matter of one’s calling, and, as Sarah Palin would later say, you pursue your calling with a “servant’s heart.”
Pastor Riley [of Palin's childhood church] and his wife like to tell the story of how the church’s former youth pastor, Theren Horn, would remind his adolescent charges that God has a specific calling for them — teaching, parenting, medicine, or politics. Sarah heard the same command, and Horn’s mention of politics stuck in her head. Years later, after Horn had moved to Minnesota and was back in Wasilla for a visit, Sarah, then the city’s mayor, reminded him of the lesson and said, “I was called to politics, and that was the direction I took.”When she was recruited to run for city council, she took up the charge with all the conviction of her calling. Her sister Heather recalled, “I remember asking her why she was doing this, and Sarah said, ‘I have something to offer, and I want to help. I have some great ideas and a lot of community support.’”
“Sarah liked them, we all did, and we didn’t want to get rid of them,” said [Judy] Patrick. “We asked them to decide how to [make the cuts]. We didn’t care how they did it — one could leave, or they could work part-time. But we were portrayed as being mean, and once again it became a personal attack.”Palin made a reasonable request — the sort of tough request a reformer has to make. But instead of cutting back their hours or working with her to find efficiencies, the three old gals decided to all quit in order to make “a political statement.” They broke out their violins and gave their sob stories to the press, and Palin looked like a heartless meanie. But she didn’t back down:
“I think everyone was in agreement that there were ways to make the museum more efficient, to spend taxpayers’ dollars wiser over there,” Sarah said to the Anchorage Daily News, noting the cost of the museum based on foot traffic was around $25 per visitor. “If you talk to someone in Wasilla about where they want their tax dollars to go, nine out of ten say, ‘Fix my road. I still don’t have water in my area. And protect our lakes with a sewer system.’”With the old gals gone, Palin hired a new curator and a part-time employee, cut back the museum’s hours, created an annual community holiday celebration sponsored by the museum (to generate revenue and interest), opened new exhibits, and brought it all under budget. The new curator wrote, “[Palin] wanted the history of Wasilla preserved, but with fiscal responsibility.”
Cooper weighed in from Hawaii, saying he felt his support of [former mayor] Stein and his proposed expansion of the museum led to his dismissal. He packed up his family and moved out of state. “Our lives were really coming together in Wasilla, and Sarah Palin tore it apart,” Cooper said recently from his home in Hilo, Hawaii. He told a reporter in September 2008, that he was a “casualty of Sarah Palin’s rise to political prominence.”Friends, Cooper deserved to be a political casualty. I want Sarah Palin to be president because I want the Coopers in Washington, D.C. to be slain. I want their political heads stuck on pikes and paraded down Pennsylvania Avenue to the howls of a braying peasant mob. Why do I feel such contempt for this sniveling sanctimonious taxpayer-leech? Judy Patrick explained:
Patrick said John Cooper was a good example of Sarah’s attempt to keep costs under control. “He was making $70,000 a year, and they would get something like one or two visitors a month in the winter. He wanted [to build] a big fancy museum, but we’re talking about Wasilla, Alaska, here. We wanted to turn it into a seasonal museum. She wanted to streamline government and consolidate departments. We were looking for ways to be more efficient.”And without that intractable leech, she did make it more efficient. Palin learned quickly that you can’t waste your time trying to win over obstructionists. You cut them off. You want to know why Alaska is littered with the bodies of her political opponents? Because she cut them off in order to get the job done.
A few years ago, [Chuck Heath] watched [Sarah Palin] pilot her husband Todd Palin’s commercial fishing boat in a storm. Todd was working at his oil-field job on the North Slope, and Palin and her father had been fishing on Bristol Bay. “It was the toughest work I’ve ever done, and it wasn’t only hard, it was dangerous,” Chuck says. At the end of the run, they had to get the boat on a trailer amid crashing surf. As cold, metallic-sheened waves tossed the trawler around, Chuck quailed.“Get out of the way, I’ll do it.” That could be the motto of Palin’s political career.
“I’m not doing that,” he said.
“Get out of the way,” Palin said. “I’ll do it.”
She did.
Once a year all political appointees in Alaska are required to sign a conflict of interest statement. Part of the statement requires commissioners to report any violation by their colleagues. Sarah felt she had no choice but to tell the truth about Reudrich’s abuses, even though she would be turning in a fellow Republican. In the days following her allegations many who follow Alaska politics (myself included) thought Sarah had committed political suicide. But her courageous stand against corruption endeared her to the citizens of Alaska.Those are the facts. She gave up the job and turned in the leader of her own party, who would later pay the largest ethics fine in the state’s history. She had seemingly committed “political suicide.” It’s dangerous to double-cross the crooks in a crooked state. Palin’s critics now laughably suggest that she quit in order to make herself look good. That’s like saying that a firefighter ran into a burning building to rescue an infant because he knew he would get a medal! The firefighter had no idea whether or not he would survive the fire, and Sarah Palin had no idea whether or not she would survive her whistle-blowing.
“For those of you feeling like you’re middle of the road, lost in the crowd — that’s most of us.” Every graduate “has a specific destiny,” even the most “undistinguished student has an important role in the final cosmic calculus. Seek what it is you are created to do,” she said. “Nothing is an accident.”A woman who believes such things was meant to raise a child like her little Trig. A crusty cynic like me was moved to tears at seeing a brief video clip from her interview with Matt Lauer. It showed Palin, obviously just home from work, holding her baby with her husband standing next to her, and both of them were beaming at that little boy as if he was the best thing in the world. The love there was so obvious it took my breathe away.
Next to Todd, says one former aide who did not want to be named discussing sensitive personnel matters, Perry was the person most responsible for “creating a sense of peace around Sarah.” Despite recent media reports of a wild temper, those who know Palin say she is more prone to anxiety and frantic overdrive than tantrums. “She’s the world’s worst multitasker,” says the aide. “She’ll have a cell phone in one hand, the BlackBerry in the other while she is reading two position papers. You have to tell her prior to the debate, ‘Put that down, breathe deep.’ They [the McCain staff] are not going to know that.”Right before the vice presidential debate, the LA Times ran a story on Palin that relied heavily on two anonymous campaigns aides from her gubernatorial race. Their comments were unwittingly amusing to me because they were familiar. They could easily have been written by anonymous Reagan aides in the 1980s.
Palin, the former aides said, had a sharply limited attention span for absorbing the facts and policy angles required for all-topics debate preparation. Staffers were rarely able to get her to sit for more than half an hour of background work at a time before her concentration waned, hindered by cellphone calls and family affairs. “We were always fighting for her attention,” said one of the aides.In her memoir of her days in the Reagan administration, “What I Saw at the Revolution,” Peggy Noonan wrote:
[...]
“If you can sit her down, she has a talent for listening to a policy presentation that is so boring it would bring tears to your eyes,” the aide said. “Then — boom — she will nail it down to its essence.”
Those who grew impatient with [Reagan] or frustrated or resentful tried to cover it up. But sooner or later – and you really saw this in the Reagan years – what they were thinking could be seen in a sentence shot out, in a look or a shake of the head. They were thinking something like what Sergeant Warden said of the captain in From Here to Eternity: “He’d choke on his own spit if I weren’t here to clear his throat for him.” They’d say, with a certain edge, “The president isn’t a detail man” (the fool doesn’t know Antarctica’s the one on the bottom!); they’d say, “The president is a big picture man” (He wouldn’t know a fact if it ran up his nose!). You could see it in Deaver’s book, all the unexpressed hostility seeping out in those ‘The president of course has an amiable temperament, but he’s usually content to allow someone else to make the decisions’ sentences.Even Palin’s enemies admit that she’s positively “Reaganesque” in her ability to win over voters.
I know He hears me when I just call out to Him, which I do a lot. Oh, yes, I pray. I talk to God every day. I’ve put my life, so I put my day, into God’s hands, and I just ask for guidance and wisdom and grace to get through one situation after another.
Throughout the entire campaign we were quite insulated and isolated from what was going on in the world of the media. We would catch snippets here and there either on the campaign bus or looking at a headline in a newspaper as we walked by and we would see some coverage that way, but we were quite isolated really from what was being said about our candidacy in the media… Once I returned from the campaign, got back home, and then realized what had been said throughout, it was very overwhelming and very disappointing.But she is not whining about it — that would be a capital offense in her mind:
[I] try not to personalize it, or sound whiny about it or sound like I am a victim, I don’t want to participate in that.She admits that she was naïve in thinking that her opponents would play by the Marquis of Queensbury Rules. In an interview with LaDonna Hale Curzon, Ziegler said:
The only thing I would say about [Sarah Palin] — and she acknowledges this twice in my interview — is that she’s a little bit on the naïve side… probably not so much anymore, but… I think that people are naïve either because they’re stupid, which clearly she’s not, or because they are a good person and they just can’t understand how much evil is potentially possible in others.In this weakness she is also like Reagan, whose son described him as a guy “who always thinks the best of people”:
[He] can’t believe that anybody who’s… ever met him would ever want to do anything bad to him, would ever want to go behind his back, would ever want to stab him in the back… that’s just not within his realm of thinking. He just can’t conceive of it.Reagan had his Nancy to watch his back. I think Palin has her Todd for that.
I’ve questioned — when I’ve taken the time to even question, because I’m busy as a governor and busy as a mom, and I don’t want to have to spend too much time trying to figure out “what the heck just happened” via the media in these last few months — but when I do take the time, I have not concluded yet in my own mind what has taken place. Has this been an exercise — again being under such a microscope and so scrutinized — was that sexism? Was that political? Was this an issue of class differences? What has it been? Obviously something big took place in the media and in many in mainstream media deciding that we’re going to seek and we’re going to destroy this candidacy of Sarah Palin because of what it is that she represents — not me personally, not the mom from Wasilla, Alaska — but what it is that she represents in a conservative movement.You represent us, Sarah. That’s what you represent in a conservative movement. When they attacked you, it felt like they were attacking us because you’re one of us. That’s why so many of us believed in you almost instinctively.
There is great need for reform… and if there is an opportunity that I could seize to help, I would do it again — just, you know, [I've] got to keep growing that thick skin and try not to personalize the attacks too greatly — very tough to do when the attacks come on my family though. That’s just inherent, I think, in any mom, but I’d do it again if there was opportunity to help.And what about us, her loyal foot soldiers? What can we do in the meantime to help?
I wish that there was opportunity for people — especially in the Lower 48 — to look at my record and my administration’s record — what we were able to accomplish here…those things that I have done in my administration… I wish people in the Lower 48 who perhaps would be tempted to be influenced by this media saying that we’re just incompetent or ill-intended up here — I wish that they could just see our record, let it speak for itself, and perhaps believe the facts there versus being sucked into believing what it is that too many in the mainstream media would want them to believe.C4P has your back, Governor.
“Together we do stand with gratitude for those who protect all of our cherished freedoms, including our freedom of speech….which I am going to exercise,” she said.Wow. She drew a line in the sand that could not have been any clearer. And, boy, was she right!
“…..And now for some straight talk for some – just some – in the media because another right protected for all of us is freedom of the press. You (the media) have such important jobs, reporting facts and informing the electorate and exerting power to influence. You represent what could and should be a respected, honest profession……that could and should be a cornerstone of our democracy.
“Democracy depends on you,” the Governor emphasized, with determination in her voice. “And that is why our troops are willing to die for you. So… how about in honor of the American soldier, YOU QUIT MAKING THINGS UP!”
