Tuesday, December 21, 2010

Obama Administration obstructing justice in healthcare suit!

The facts are as follows.

Our Constitution reads:

Article 3


The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.


“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 fact, a State is Party in the case in question, and as such, the Constitution commands that the “supreme Court shallhave original Jurisdiction”, which means “shall“, not should, or maybe, but "shall" have original jurisdiction and not an inferior Court created by Congress. District courts are inferior courts created by Congress.

The meaning of "original jurisdiction" is that bestowed upon a tribunal in the first instance, and “shall“, as used in “the supreme Court shall have original Jurisdiction” preempts another tribunal, such as the inferior district courts created by Congress, from assuming the case in the first instance.

In addition, Hamilton, in Federalist Paper No. 81 confirms the Obamacare case ought to have been originally filed in supreme Court and not district court which is one of the inferior courts created by Congress:

Hamilton says:

“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.'' 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.”

And this is why, under “An Act to establish the Judicial Courts of the United States“ Act of 1789, 1 Stat. CH. 20 see: Supreme court, original jurisdiction (scroll to bottom of page) we find:

"SEC. 13. And be it further enacted, That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction."

In fact, by the wording of our Constitution, the Supreme Court and not the inferior courts created by Congress such as federal district courts, has original jurisdiction over the Obamacare case and the Obama Administration is obstructing justice!

SEE: Justice Dept. says it won't fast-track health-care appeal

“WASHINGTON - The Justice Department said Tuesday that it would appeal a federal judge's ruling declaring part of President Obama's health-care overhaul unconstitutional, but it rejected suggestions to take the appeal straight to the Supreme Court.

Virginia Attorney General Ken Cuccinelli, who brought the suit decided Monday by U.S. District Judge Henry E. Hudson in Richmond, urged the administration to ask the high court to directly accept an appeal, as did Virginia Gov. Robert McDonnell….”

Bottom line is, Obama is delaying the case to insure enough people become dependent upon those provisions of Obamacare which have already taken effect so the Court will then have the excuse that overturning Obamacare would cause undue hardships among the people and disrupt the economy.

Justice delayed is justice denied and Obama is interfering with the case being decided in a timely manner in the Supreme Court which has original jurisdiction over cases in which a State is party!


Health care by consent of the governed (Article 5) our amendment process --- tyranny by a PROGRESSIVE majority vote in Congress!