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Lovemonster
09-21-2008, 05:51 PM
What do you guys think about trying to recruit this attorney to file an emergency motion to prevent the imminent theft of the US Treasury. Without going into too much detail I believe there is precedent we can use to get our case heard within hours- no matter what Congress has planned. (Paulson made a mistake mentioning foreign banks)

This attorney played a big role in the recent Heller (2nd amendment case).

http://www.ij.org/index.php?option=com_content&task=view&id=607&Itemid=165

Portmanteau
09-21-2008, 09:19 PM
What do you guys think about trying to recruit this attorney to file an emergency motion to prevent the imminent theft of the US Treasury. Without going into too much detail I believe there is precedent we can use to get our case heard within hours- no matter what Congress has planned. (Paulson made a mistake mentioning foreign banks)

This attorney played a big role in the recent Heller (2nd amendment case).

http://www.ij.org/index.php?option=com_content&task=view&id=607&Itemid=165

File it with WHAT court?

Federal District Court? Court of Appeals?

Both will deny jurisdiction:

"Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency."

Only the US Supreme Court has jurisdiction (per the Constitution), and we both know they'll refuse to hear the matter.

Brent H
09-21-2008, 09:28 PM
The clause itself can be challenged: "Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency"

Suppose Congress passed a law which states "The U.S. Constitution is null and void". Such a law could be challenged and found to be unconstitutional.

amelia
09-21-2008, 09:32 PM
Go over to Tickerforum, especially the "Breaking" and "FedUp USA" subforums. There is massive grassroots political action being organized there, including discussion of potential legal challenges. They have am amazingly efficient network and have pulled together serious and well-funded campaigns at breakneck speed on other occasions.

http://www.tickerforum.org/cgi-ticker/akcs-www

Portmanteau
09-21-2008, 10:54 PM
The clause itself can be challenged: "Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency"

Suppose Congress passed a law which states "The U.S. Constitution is null and void". Such a law could be challenged and found to be unconstitutional.

ONLY by the Supreme Court, not inferior courts. And do you really believe the SCOTUS will hear such a plea?

Congress controls the inferior courts, and the Act's language removes inferior court authority to hear such cases:

US Constitution, Article III, Section 1 - 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.