From: Jim Choate <ravage@ssz.com>
To: cypherpunks@ssz.com (Cypherpunks Distributed Remailer)
Message Hash: 70d0ab5745c586b356249bd1a40ec0f8561cd1109009d94f7fdc401131eee386
Message ID: <199712290349.VAA02437@einstein.ssz.com>
Reply To: N/A
UTC Datetime: 1997-12-29 03:30:42 UTC
Raw Date: Mon, 29 Dec 1997 11:30:42 +0800
From: Jim Choate <ravage@ssz.com>
Date: Mon, 29 Dec 1997 11:30:42 +0800
To: cypherpunks@ssz.com (Cypherpunks Distributed Remailer)
Subject: Sue Congress?...
Message-ID: <199712290349.VAA02437@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text
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.
[Clearly congressmen are responsible for their actions while in office since
they are civil officers. It looks like all it should take to remove a civil
officer is a misdemeanor such as speeding.]
Section 2. The judicial Power shall extend to all Cases, in Law and Equity,
arising under this Constitution, the Laws of the United States, and Treaties
made, or which shall be made, under their Authority; -- to all Cases affecting
Ambassadors, other public Ministers and Consuls; -- to all Cases of admiralty
and maritime Jurisdiction; -- to Controversies between two or more States; --
between a State and Citizens of another State; -- between Citizens of
different States; -- between Citizens of the same State claiming Lands under
Grants of different States; -- and between a State, or the Citizens thereof,
and foreign States, Citizens or Subjects.
[Note that there is no federal jurisdiction for sueing your own
representatives at the federal level since they are citizens of your own
state, however you *can* sue the representatives of the *other* 49 states
for their actions and that *is* a federal level case]
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 other Cases before mentioned, the supreme
Court shall have appellate Jurisdiction, both as to Law and Fact, with such
Exceptions, and under such Regulations as the Congress shall make.
[Clearly any such claims *must* be at the level of the Supreme Court since
they hold original jurisdiction, further there doesn't seem to be any
mechanism they can refuse to handle the case]
The Trial of all Crimes, except in Cases of Impeachment, shall be
by Jury; and such Trial shall be held in the State where the said Crimes
shall have been committed; but when not committed within any State, the Trial
shall be at such Place or Places as the Congress may by Law have directed.
[Since the breaking of the oath to uphold the Constitution while a
representative is a impeachable offence no jury is required. Once the case
is before the Supreme Court then the Congress is required to set the time
and date]
The question of the day is:
How does one go about submitting a case directly to the Supreme Court? The
Constitution apparently leaves this up to the Supreme Court to decide in its
rules of operation.
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