1
C
ONSTITUTIONAL
L
AW
O
UTLINE
I.
The Building Blocks Marbury v. Madison
(1803)
Marshall
-
political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans -
Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered -
Marbury
: would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions -
Madison
: Secretary of State for Jefferson -
Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT?
Marshall's
Decision: a.
Right to Commission: Yes, on facts and law he has a legal right b.
Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion
(Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c.
Mandamus not allowed i.
§ 13 of Judiciary Act of 1789
allows Court to issue mandamus ii.
Article III § 2(2)
gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct.
Congressional statute at odds with Constitution
d.
Supremacy of Constitution:
If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it.
i.
Constitution is paramount:
The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii.
Who interprets:
"It is emphatically the province and duty of the judicia
1
C
ONSTITUTIONAL
L
AW
O
UTLINE
I.
The Building Blocks Marbury v. Madison
(1803)
Marshall
-
political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans -
Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered -
Marbury
: would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions -
Madison
: Secretary of State for Jefferson -
Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT?
Marshall's
Decision: a.
Right to Commission: Yes, on facts and law he has a legal right b.
Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion
(Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c.
Mandamus not allowed i.
§ 13 of Judiciary Act of 1789
allows Court to issue mandamus ii.
Article III § 2(2)
gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct.
Congressional statute at odds with Constitution
d.
Supremacy of Constitution:
If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it.
i.
Constitution is paramount:
The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii.
Who interprets:
"It is emphatically the province and duty of the judicial
1
C
ONSTITUTIONAL
L
AW
O
UTLINE
I.
The Building Blocks Marbury v. Madison
(1803)
Marshall
-
political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans -
Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered -
Marbury
: would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions -
Madison
: Secretary of State for Jefferson -
Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT?
Marshall's
Decision: a.
Right to Commission: Yes, on facts and law he has a legal right b.
Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion
(Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c.
Mandamus not allowed i.
§ 13 of Judiciary Act of 1789
allows Court to issue mandamus ii.
Article III § 2(2)
gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct.
Congressional statute at odds with Constitution
d.
Supremacy of Constitution:
If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it.
i.
Constitution is paramount:
The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii.
Who interprets:
"It is emphatically the province and duty of the judicial
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Please Read!!! Nye Frank!!!! - OFN Forums
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I was informed news guy Prosecutor Calhuoun's was
his girl friends room mate.
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http://www.pe.com/localnews/inland/s...7.27f0ad3.html
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Riverside County Sheriff Audio Recording of Nye Frank Homicide, Phil
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Local News: Cathedral City, CA
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Riverside County Sheriff Audio Recording of Nye Frank Homicide,
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Pictures of Nye and Ty, at the scene Picasa Web Albums - dbreedlove - TheHomicideOfNyeFrankOffRoadRacingDragRacingSheriff#
Riverside DA office kept saying Nye had a heart attack and no injuries. They originally refused to release the sheriff report and autopsy. They said Lee Frank just imagined that Ty was beating him up for such a long time. The prosecutor Daiama Calhoun said she did not care what the autopsy showed she made up her mind. Mike Rushton her manager sealed the autopsy xrays and lab to prevent the family access to them. He claimed privacy. Imagine he is a judge now. See my letters to the DA victim advocate Kim Emmerling. Mike finally admitted Nye was strangled. But he was so confident in his ability to block Lee Frank from Justice he did not care.
tags: baja, baseball, Coroner, Corruption, County, Drag, Elder, Empire, Frank, Govenor, High, jet, Norco, Nye, Pacheco, Riverside, Rod, Score, Sheriff, wrestling
Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender
Riverside DA office kept saying Nye had a heart attack and no injuries. They originally refused to release the sheriff report and autopsy. They said Lee Frank just imagined that Ty was beating him up for such a long time. The prosecutor Daiama Calhoun said she did not care what the autopsy showed she made up her mind. Mike Rushton her manager sealed the autopsy xrays and lab to prevent the family access to them. He claimed privacy. Imagine he is a judge now. See my letters to the DA victim advocate Kim Emmerling. Mike finally admitted Nye was strangled. But he was so confident in his ability to block Lee Frank from Justice he did not care.
Esparanza Fire, Twin Pines 5 fire fighters died, a sixth fire fighter victimized.
A untold story of one of the fire victims home that burned down that the news and the governor visited in Twin Pines. There is a very ugly story attached. And another victim who was a fire fighter when younger and He Nye Frank put out his neighbors house fire during the esparanza fire with buckets and a shovel. Then about a year later his homicide by stranglation by a guy wearing a fireman shirt. Turned out to be a son of a friend of the DA in Riverside. Homicide cover up of Nye Frank. http://www.diigo.com/list/nyefrank/justice-for-nye-frank-riverside-county-elder-homicide-cover-up?v=p
iinland empire coach Norco High Phil Reddish friends with people high up he states. Help cover up homicide of 68 year old man by phils son 27 year old Ty Reddish
Joe Banana So. Cal.
Posted: 10:54 pm [PST] on March 22 2009
Another shining example of government at it's most corrupt.
www.jail4judges.org
Dawn Banning CA
Posted: 11:09 pm [PST] on October 14 2008
http://tinyurl.com/4vq2k2I had seen a article about award to Elder Victims Advocate Department in Riverside County. I was shocked and wrote Kim Emmerling the DA advocate we had. She wrote me back that she was leaving that office. I had sent a request for the history of our meetings to her and internal affairs without any reply. Still with internal affairs knowing there was a cover up, proof of it, autopsy corruption along with a laundry list we have had zero help. We just want what the US Constitution says we have a right to. We wrote the attorney general office and gave all the documents. They wrote back that the DA office handles these complaints. There is no where to turn. Nye and Lee Frank both over 65 years old. Adult protective services have been contacted without ever contacting us or even replying to our request. Now the victim has the attacker building a home two doors away. We need help.
The following is a letter I wrote the internal Affairshttp://tinyurl.com/4vq2k2pictures pictures of Nye Frank and Ty Reddish. Sheriff and DA office falsely told family that coroner reported heart attack and no injuries. The video of Ty Reddish
shows him bending down to avoid being recorded and telling officers how he strangled 68 year old Nye Frank with wrestling moves. The officers
laugh, as they are buddies of the Reddish family friends. They did not do a drug test on Ty while on probation for dui and had past drug use, and
victim said looked like on drugs.
Riverside County Internal Affairs -When I complained they said they can no longer talk to me.
Dawn Banning CA
Posted: 05:06 am [PST] on October 10 2008
Dawn said:
Riverside Judge and DA office stated to Senior no Elder Advocate in Riverside County. When family saw award in paper DA victim advocate quit.
Nye Frank Racing
Posted: 10:54 pm [PST] on March 22 2009
Another shining example of government at it's most corrupt.
www.jail4judges.org
Dawn Banning CA
Posted: 11:09 pm [PST] on October 14 2008
http://tinyurl.com/4vq2k2I had seen a article about award to Elder Victims Advocate Department in Riverside County. I was shocked and wrote Kim Emmerling the DA advocate we had. She wrote me back that she was leaving that office. I had sent a request for the history of our meetings to her and internal affairs without any reply. Still with internal affairs knowing there was a cover up, proof of it, autopsy corruption along with a laundry list we have had zero help. We just want what the US Constitution says we have a right to. We wrote the attorney general office and gave all the documents. They wrote back that the DA office handles these complaints. There is no where to turn. Nye and Lee Frank both over 65 years old. Adult protective services have been contacted without ever contacting us or even replying to our request. Now the victim has the attacker building a home two doors away. We need help.
The following is a letter I wrote the internal Affairshttp://tinyurl.com/4vq2k2pictures pictures of Nye Frank and Ty Reddish. Sheriff and DA office falsely told family that coroner reported heart attack and no injuries. The video of Ty Reddish
shows him bending down to avoid being recorded and telling officers how he strangled 68 year old Nye Frank with wrestling moves. The officers
laugh, as they are buddies of the Reddish family friends. They did not do a drug test on Ty while on probation for dui and had past drug use, and
victim said looked like on drugs.
Riverside County Internal Affairs -When I complained they said they can no longer talk to me.
Dawn Banning CA
Posted: 05:06 am [PST] on October 10 2008
Dawn said:
Riverside Judge and DA office stated to Senior no Elder Advocate in Riverside County. When family saw award in paper DA victim advocate quit.
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