Restore State’s Rights&

Original Jurisdictionto Supreme Court

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State Sovereignty and Federal Lawsuits with States

The “Obama Care” lawsuits are undermining

State Sovereignty by being filed in Courts without

Constitutional Authority.

There is no greater threat to state sovereignty than this issue.

Why does this matter?These court cases may take 2-3 years to reach the

Supreme Court.

The Supreme Court makeup may change.

The Supreme Court may refuse to accept these cases on appeal?

D.C. v. Heller 5/4McDonald v. Chicago 5/4

State Sovereignty

The several States that compose the United States were and are sovereign in their own right.

A sovereign cannot be sued without their consent.

Consent includes “where” they agree to be sued.

Article III §2 clause 2 is where the States

consentedto be sued

in the Supreme Court.

State Sovereignty

Article III §§ 1-2

• Establishes federal judiciary • Defines scope of its power • Distributes that power

Article III §2 clause 2

“Distributive Clause”

• 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 the 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.

Article III §2 clause 2

• 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.

Article III §2 clause 2

• Original Jurisdiction –

Jurisdiction in the first instance. Jurisdiction to take cognizance of a cause at its inception, try it, and pass judgment upon the law and facts. Distinguished from appellate jurisdiction.

• Black’s Law Dictionary Fifth Edition, West Publishing Co. (1979)

Article III §2 clause 2

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.

Article III §2 clause 2

Party – a person that is either suing (plaintiff) or

a person being sued (dependent).

• In all the 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.

Article III §2 clause 2

• Appellate jurisdiction – is a court’s authority to review a lower court’s ruling.

Article III §2 clause 2

Supreme Court Jurisdiction

States or foreign sovereigns = original jurisdiction

All other cases = appellate jurisdiction

•Where did the sovereign States consent to be sued?• In the Supreme Court

Article III §2 clause 2

State Sovereignty and Federal Lawsuits with States

If states are going to challenge the constitutionality of a federal law, or if the federal government desires to challenge the constitutionality of a state law, should they not do so in a constitutional manner?

Sovereignty & 10th Amendment

• The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Our rights are not granted by the government or by the Constitution.

Our rights are granted by the Creator. The government’s job is only to protect them.

Sovereignty & 10th Amendment

Establishing Jurisdictionto sue a State

Establishing Jurisdiction

• The ObamaCare and Arizona suits were each filed in district courts, and established jurisdiction using federal statutes.

Are these statutes Constitutional as applied to

these cases?

Establishing Jurisdiction

28 USC Section 1331

§ 1331. Federal question

The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

§ 1345. United States as plaintiff

Except as otherwise provided by Act of Congress, the district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States, or by any agency or officer thereof expressly authorized to sue by Act of Congress.

28 USC Section 1345

Statutory Jurisdiction

“…an act of the legislature repugnant to the constitution is void….”

- MARBURY v. MADISON, 5 U.S. 137, 177 (1803)

- Original jurisdiction of Court to issue Writ of Mandamus under Judiciary Act 17 89 was void.

Duty of Jurisdiction

• If congress remains at liberty to give this court appellate jurisdiction, where the constitution has declared their jurisdiction shall be original; and original jurisdiction where the constitution has declared it shall be appellate; the distribution of jurisdiction made in the constitution, is form without substance.”

- MARBURY v. MADISON, 5 U.S. 137, 174 (1803)

May the Supreme Court refuse “Original jurisdiction?”

Duty of Supreme Court

Duty of Supreme Court

“We have no more right to decline the exercise of jurisdiction which is given than to usurp that which is not given. The one or the other would be treason to the Constitution.”

- Supreme Court Chief Justice Marshall

Cohens v. Virginia, 19 U.S. 264, 404, 6 Wheat. 264 (1821)

Constitutional Compliance

• Is there any Constitutional Authority for the federal District Courts to hear these cases?

Article III §2 clause 2

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.

Does anyone else feel these cases belong in the Supreme Court?

Canada Free Press (July 29, 2010)

Conservative Examiner (July 31, 2010)

Supreme Court Historical Society TrusteeRockford Register Star (Aug. 20, 2010)

“The United States Constitution, Article III, Sec. 2, Cl. 2 specifically provides that: “In all cases …. in which a state shall be party, the Supreme Court shall have original jurisdiction.” (Emphasis supplied)

Thus, U.S. Attorney General, Eric Holder filed the federal government’s lawsuit against the state of Arizona in a court that has no authority to hear the case. This means that neither Judge Susan Bolton nor the 9th Circuit Court of Appeals in San Francisco, to which the case is being appealed, has any legal standing whatsoever to rule on the issue, and yet it will take three years or more, certainly past the 2012 presidential elections, to establish the fact.”

-Bernard Reese, of the law firm Reese & Reese,Trustee, Supreme Court Historical Society

• Is anyone else supporting the federal District Court actions?

How is this a “win for the Constitution?

Is this supporting the Constitution?

Conclusion

What should We the People, as concerned citizens, be doing to solve this problem?

Thomas Jefferson’s Adviseon Usurpations of the Constitution by the

Supreme Court“I will say, that against this every man should

raise his voice, and more, should uplift his arm…That pen should go on, lay bare these wounds of our Constitution, expose the decisions seriatim, and arouse, as it is able, the attention of the nation to these bold speculators on its patience.”

- Thomas Jefferson, Letter to Thomas Ritchie, December 25, 1820

Action Plan

1. Contact Attorney General Derrick Schmidt and inform him that he should file the Kansas complaint against ObamaCare in the U.S. Supreme Court as the Constitution requires.

2. Contact your legislators.

3. Write letters to the editor.

Patriot Coalition Actions

• Arizona Governor Brewer • VA Attorney General Cuccinelli• Chief Justice John Roberts, U.S.

Supreme Court • (Among others)

Patriot Coalition (Aug 12, 2010)

Defending the Constitution is

your Responsibility!

For more information, visit:ReJoinOrDie.com

Richard Fry, General Counsel, Patriot Coalition

Richard@PatriotCoalition.comOr

Jeff Lewis, National Director, Patriot Coalition

Jeff@PatriotCoalition.com

Then write Attorney General Schmidt at:

derekschmidt2010@gmail.com

God Bless America & Those That Defend Her!