Forget Kavanaugh, here’s why we will be talking about Merrick Garland nomination

The Senate has the power to reject nominees. Neither Charles Grassley nor Mitch McConnell is the Senate, and cannot speak alone for the Senate, nor reject Presidential appointed nominees to hold open spaces for Judges of his choosing. By filibustering 79 judges, and 1 Supreme Court Justice, he refused a constitutionally mandated duty on behalf of the entire Senate, violating their civil rights, that of the President of the United States, and held up the proceedings of the entire United States Judiciary until he could select judges of his choosing, thus managing to violate separation of powers, and Constitutionally mandated process, and the civil rights and Authority of all 3 sovereign branches of American government.

the Supremacy Clause of the Constitution says

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Article III establishes the Authority of the Court as:

1: 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 to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;

10

—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.

As the Presidential Appointment is a Power specifically created by Constitution, and certainly individuals vested with the Sovereign Powers of the United States are Parties;

Some question whether Senate rules can be reviewed. This seems silly; they can certainly review if the Senate executed it’s own rules, and the Senate rules cannot supercede a Constitutionally described and mandated duty for the Senate. The Senate’s advice and consent is required, and without votes the Senate’s will cannot be determined. It is highly unlikely that a single Senator is meant to determine the course of a Presidential nomination. On video, Mitch McConnell is heard to say that he did so because he did not want Obama to seat another Justice, and to fufill his civil right, and Constitutional Power. He did not schedule hearings, and conspired to refuse them, because HE BELIEVED THE SENATE WOULD HAVE CONFIRMED MERRICK GARLAND. In this sense, he obstructed the Authority of not only the President but that of the whole Senate, and deliberately nixing the Constitutionally mandated Advice and and Consent Authority.

Taken as a single count of 18 USC 1505

Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—

Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.

This seems like a question. When you consider the 79 judicial filibusters by Mitch McConnell’s Senate, more than the 59 previous judicial filibusters, and you have clear attempt to obstruct government processes, measurable by the normal rates, complete stoppage of activity- an 11 month strike, refusing to seat Judges.

in the Declaration of Independence, this behavior is described as a reason for valid over throw of your present government,

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

The Senate has always accepted that for cause and in time of great need in pursuance of the people’s goals protest and slowing of processes occurs. There comes a point in which

There is no reason to doubt Jurisdiction or in this case judicial Power and Authority.

In terms of crafting remedy,

The All Writs Act gave the “Supreme Court and all courts established by Act of Congress” the authority to issue writs of mandamus “in aid of their respective jurisdictions and agreeable to the usages and principles of law.”

Further, 28 U.S. Code § 1361 gave federal district courts “original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.”

So the judicial Power to correct a corruptly managed process would have to be pretty extensive, much like tainted prosecutions from tampered with evidence

 

Leave a Reply

Your email address will not be published. Required fields are marked *