The Blog

2020-

2020-12-14 f
THE GOWNED CLOWNS

The Supreme Court’s Claim of Discretion is Unconstitutional

... They need to go back to the Supreme Court and argue that the Judiciary Act of 1925 is UNCONSTITUTIONAL because it created discretion to hear cases when the Supreme Court is the ONLY court created by the Constitution.

The Supreme Court made it abundantly clear that “The Supreme Court alone possesses jurisdiction derived immediately from the Constitution, and of which the legislative power cannot deprive it.” Stevenson v Fain, 195 US 165, 167 (1904). In Reid v Covert, 384 US 1, 41 (1987) this Court quoted Lord Coke: “God send me never to live under the law of conveniency or discretion.” The jurisdiction of this Court was created by the Constitution. It requires an amendment to the constitution to alter that jurisdiction, not a statute passed by Congress. Therefore, the Judiciary Act of 1925 is unconstitutional.

The only court required by the Constitution is the Supreme Court and every Justice of the Supreme Court of the United States are required to take two oaths before they may execute the duties of their appointed office – (1) the Constitutional Oath to defend it and (2) the Judicial Oath.

Therefore, anyone can see on its face that the Judiciary Act of 1925 is unconstitutional for it violates their oath to defend the constitution when they have the discretion to not hear cases. Previously, the Supreme Court ruled and ignored this time when it defined “discretion” by saying “the term ‘discretion’ denotes the absence of a hard and fast rule.” Langnes v Green, 282 US 531, 541 (1931). This means that those in power do not have to obey any law, even the Constitution. The Supreme Court also said, “it is obvious that discretion does not exist where there is no power to act except in one way.” Jones v SEC, 298 US 1, 18 (1936). When judges and politicians claim discretion, they claim to be ABOVE the law of men. (read more)

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