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Old 10-17-2008, 12:31 PM
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Bernard Bernard is offline
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Thumbs down Truth, Justice and the American Way

This article was written by Bob Schultz, a guy who has been fighting for constitutional issues in the courts for many years:
As I begin to write this article, I am on the train from D.C. to the BWI airport, heading home, having filed yet another set of papers in the Supreme Court of the United States in defense of the Constitution. Once again, the Government is in the process of attempting to seize power from the People.

This time, regarding the A.I.G. and $700 Billion Wall Street bailout plans, I filed an emergency motion asking the U.S. Supreme Court to restrain the Government from giving or lending taxpayer funds or credit in exchange for private assets in aid of private corporations, unless and until the government defendants could show the Court where in the Constitution it provides that the People have agreed to share with the Government their power to purchase private assets such as “toxic” mortgage-related assets and non-toxic shares of bank stocks.

My argument is the People never gave that power to the Government and the Government has taken another step outside the boundaries We the People have drawn around its limited, enumerated powers.

My case against the A.I.G. bailout and my case against the $700 billion bailout were filed in federal District Court on September 18 and September 24 respectively. In each case I had filed a similar emergency motion asking the Court to restrain the Defendants from transferring the taxpayer funds until they produced evidence before the Court that they had the legal authority to do so.

In both cases, without waiting to hear from the government defendants, the District Court (Judge Sharpe) denied my emergency motion on the ground that I had “failed to cite the Court’s jurisdiction” to hear the constitutional challenge. This was obviously nonsensical and untrue. Not only is the Court fully aware of its unquestionable and inherent jurisdiction to determine the constitutional questions, but I had fully recited the legal basis for the Court’s jurisdiction in the first paragraph of each complaint under the heading, “Jurisdiction and Venue.”

On September 30 I appealed Judge Sharpe’s evasive and erroneous decision to the U.S. Court of Appeals for the Second Circuit. As part of that appeal, I filed a similar emergency motion asking the Appellate Court to restrain the Defendants from transferring taxpayer funds for the bailouts until they showed the Court they had the authority to do so. On October 10 the Court of Appeals notified me that it had denied the motion on October 6. Still, the government defendants had not filed any papers with the courts in response to the two lawsuits, other than a mere “Notice of Appearance” simply identifying the DOJ attorney assigned to the case by the defendants.

Because the application I filed today with SCOTUS is for a stay, and because it was filed before 2:00 pm today, it should be decided this afternoon by the individual justice assigned to my geographic area. That would be Justice Ruth Bader Ginsburg.

So, here I am, waiting for the Supreme Court of the United States to timely respond to a judicial Petition for Redress of Grievances challenging grave violations of the Constitution by the other two branches of the federal Government.

Click to read: SCOTUS Emergency Motion for TRO Schulz's Declaration SCOTUS TRO

I’m Not Hopeful…

I’m not very hopeful that SCOTUS will grant the relief requested, not because my papers were not artfully drawn or that I am not legally entitled to the relief I have requested, but because I have learned two important lessons during 30 years and more than 150 reported decisions in cases I have brought against local, state and federal government officials for violating various provisions of the NY and US constitutions.

First, the judiciary is highly politicized and quite corrupt. Second, the Wall Street merchants of debt are omnipotent, controlling our government officials, including judges and the political parties who designate most of those candidates who appear on the ballot on election day. Although I have won many cases and set some constitutional precedents, each time a case and controversy got too close to the heart of the lines of money and power I would lose, no matter how right I was on the law and no matter how artfully drawn my papers.
Please know this: the Executive, Legislative and Judicial branches are made up of ordinary men and women who suffer the common human frailties of love of money and power, and who abhor accountability. Beyond these government employees lie hoards with special interests that seek to exploit those frailties in order to feed at the federal tax trough.

The Constitution is all that stands between the People and total tyranny and despotism. However, the Constitution can’t defend itself. That responsibility rests with the People.

However, most People prefer the calm sea of despotism to constitutional activism. It’s one thing to declare and talk about a violation of the Constitution, it’s quite another to actually confront it.

Reasonable men and women of good conscience know the history of man's long fight for Liberty as well as Freedom’s fragility and its vulnerability to the natural forces of Government. They also know well the consequences of inaction. However, the inconveniences attending Liberty are great – giving pause to many.

Everyone acts according to the dictates of his own values and reason.

So it is that Government gains ground and Liberty loses ground.
ON THE TRAIN FROM DC (it's a long read, but worth your time)
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