Cut a great road through the law …?

The title comes, of course, from the play A Man for All Seasons; wherein Sir Thomas More has to decide whether to follow the Laws, or the will of his King. The entire quote follows:

What would you do? Cut a great road through the law to get after the Devil? … And when the last law was down, and the Devil turned round on you – where would you hide, Roper, the laws all being flat? This country is planted thick with laws from coast to coast, Man’s laws, not God’s, and if you cut them down — and you’re just the man to do it — do you really think you could stand upright in the winds that would blow then? Yes, I give the Devil benefit of law, for my own safety’s sake!”

The Left and its adherents, most notably epitomized by the current regime of Buraq Hussein Obama; are now known for a willingness to follow the example of Roper. If the Law of Bankruptcy has settled procedures for how companies are dissolved, and how creditors are paid in what order; ignore it so that the secured creditors and owners of the company are robbed. Instead give all the assets to his political supporters and top it off with billions of tax dollars from the rest of us. Knowing that those political supporters will give a significant portion of the money to maintain him in power.

If our border is violated, every hour of every day; and our immigration laws are being broken blatantly, do not enforce the laws because the illegals, and the illicit substances they bring in, and the possibility of enemies of the country using that route are too important to the regime. Instead, work to oppose any attempts to control the border, try to punish any law enforcement agency that tries to enforce the law, and openly value the illegals higher than he values US citizens.

If they want to shut down American energy production in the Gulf of Mexico [while allowing Chinese government wells to continue operations in those same waters]; issue a decree putting a moratorium on oil wells. When challenged in court, create a fabricated statement by group of scientists and introduce it as sworn testimony. When the court overturns the moratorium because it was based on fraudulent and perjured testimony; reimpose the Moratorium in defiance of the court order. [for details see my comment # 24 at Careful There, Ear Leader (UPDATED) ]

They have received a contempt of court citation for that last, by the way. But they continue ignoring the law and the Constitution at will; because doing so benefits them, and gathers power over us to them.

We all can list more examples from the Atrocity of the Week that we have learned to expect from the collection of TWANLOC that is pleased to call itself our government.

The latest, however, will be the largest clear-cutting through the Law to date if it stands.

Obamacare, forced through Congress unread, undebated in committee or on the floor of Congress; by open bribery and parliamentary trickery over the massive objections of the American people, has not surprisingly been taken to court. In the largest suit, 26 States [more than half of those making up the United States of America, just under half of the 57 States that Buraq Hussein claims to reign over] prevailed. Obamacare, the entire bloody atrocity, was declared unconstitutional by Federal District Judge Vinson in Florida. In his decision, he declared specifically that his declaratory judgment of unconstitutionality did not require a specific separate injunction, because it, itself, was an injunction and listed the legal precedent for that. His Majesty cited the specific quote.

Obama’s supporters have tried to latch onto the lack of a separate, specific injunction as a basis saying that the regime’s declaration that they will continue to implement Obamacare is valid. The MSM has even taken to quoting fragments of sentences in the judgment as “proof”. The only way Obama and his supporters can be right is if they throw out the legal concept of stare decisis and the entire Federal Rules of Civil Procedure that govern the operation of the Federal Courts.

We do have a bias in our legal system. Being designed as a system of Laws and not men, subject to the bounds of the Constitution; no law that is found to be in violation of the Constitution can be allowed to stand. And it does not.

The law whose constitutionality is questioned may be subject to further litigation and appeals. During that process, the court of original jurisdiction OR an appellate court that has granted a writ of certiorari MAY decide to grant a motion by either party for an injunction staying the implementation of the trial court’s judgment pending any appeals; but such is not automatic. As of last night, there have been neither appeal motions, nor requests for injunctions to stay the ruling filed. The deadlines have not passed for either, but until injunctive relief is granted, the trial court judgment stands, and in this case the law is declared unconstitutional and thus void.

There is conflict over rulings, in multiple Appeals Courts Circuits. This would in the normal course of things mean that the case is ripe for a Supreme Court hearing. Three other courts have ruled on Obamacare, although each has far fewer plaintiffs. Two have ruled in favor. One [in Virginia] has ruled the “Mandate” provision unconstitutional, and it was voided in Virginia UNTIL AN INJUNCTION FOR A STAY was granted for the appeal. Otherwise, the Federal government would have to stop any work in Virginia regarding the Mandate. The Virginia Federal Court ruling did not void the entire law as unconstitutional, just part. Florida did.

If it were an argument over a severable part of a law [severability is going to be a big part of any appeal, because Harry and Nancy deliberately removed the severability clause in the final version passed] one could more easily see the possibility of it being applied differently in different parts of the country. Especially when most disputes are over interpretations of a law and its application. But when an entire statute has been declared unconstitutional by a Federal judge, the conflict of Circuits argument is a straw-man. The law is dead and may not be carried forward absent appeal and overturning.

I am not a lawyer [much to the benefit of any immortal soul I may possess]. Nor do I play one on TV. But since our resident attorney, BiW- Imperial Consigliere, has not answered His Majesty’s call for information; I contacted one of my acquaintance. He is retired after decades of practice, but the Law and the Constitution have not changed in form since he retired, just in the amount of abuse they are taking. His quote is:

You are correct. The last court to hear the case has jurisdiction. The last court to hear the case grants leave to appeal, but the court’s ruling/decision is binding, a grant of leave to appeal does not nullify jurisdiction, an appellate court simply reviews the facts of the lower court record, no new facts could be reviewed outside of the record.

The regime may file an appeal [to the 11th Circuit, unless they go for expedited appeal directly to the Supreme Court], and likely will do so. As part of that filing, they will likely request a stay of the lower court’s ruling pending the completion of the appeal. But until that stay is granted and/or until the lower court ruling is overturned by an appellate court; a law that is ruled unconstitutional is void.

Any action by the regime to implement a law that has been declared unconstitutional by the Courts, absent and until said appeal and stay are granted; is itself a deliberate violation of the Constitution; with all that implies.

No amount of barratry, whining, or sophistry on the part of the Left disturbs this salient fact. One question that may be posed to those TWANLOC who would carve out an exception in the Law for Obamacare should shut them up, at least if they wish to discuss this honestly [yeah, I know. We are dealing with a theoretical Gedankenexperiment with that last.]

If one (1) Federal District Court decision declaring DADT to be unconstitutional, in the face of multiple other Federal District Court rulings the other way does not kill the policy nationwide, automatically and totally absent appeal; why is the Department of Defense now desperately and involuntarily jumping through its own fundamental orifice trying to integrate gays relatively immediately and hoping that it does not destroy the armed forces?

As much as the Democrats and indeed the rest of the Political Class, Left and Right, may desire it; we do not yet have two sets of laws, and they have to obey the one we have. That is how we stay on the normal side of the Clausewitzian “=” sign. If they no longer are subject to those laws and the Constitution, Higher matters supercede.

LC Subotai Bahadur, Lord Pao An

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LC MuscleDaddy
LC MuscleDaddy
February 3, 2011 16:58

And what do we do, if our “Government” continues to defy/ignore the rulings of the Federal Courts? Tell me, what is our recourse if the ruling-class continues to behave and act as though the official rulings of the judiciary are of no import to them? Tell me, how should we reply to an Executive Branch that has demonstrated, through both… Read more »

Guest
February 3, 2011 17:09

What shall we do now?

The Constituion provides a solution for that too…..
If his regime refuses to abide by judicial edicts…then we are in a left wing dictatorship….the answers to all questions provided, as well as the intentions of the left wing of the demorat party.
You know the answer…..we all do….

LC Cheapshot911, Dept. of Redneck Tech, Imperial Photographer, K.o.E.
LC Cheapshot911, Dept. of Redneck Tech, Imperial Photographer, K.o.E.
February 3, 2011 17:13

Just to be clear, I’m not in any mood or mind to overthrow my government.

“Some of those morons that bought their way in with MY MONEY,,, yeah,, ‘gotta lose ’em pronto.

‘Done summed up.

Qoheleth
Qoheleth
February 3, 2011 18:27

Caveman: I’m not sure what Constitutional provisions you’re thinking of; though I hate to say it, I can’t help but think of some other texts to which the good Subotai Bahadur may refer. Texts like these: “That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it,… Read more »

Jerry
Jerry
February 3, 2011 19:03

I would love for the federal judge to issue an arrest warrant for Holder and the other members of this administration. Just imagine a republican president steaming full speed ahead with his agenda while ignoring a contempt order. The Lame Stream Media would be foaming at the mouth. Arrest them now. Drag them all out in shackles.

LC Cheapshot911, Dept. of Redneck Tech, Imperial Photographer, K.o.E.
LC Cheapshot911, Dept. of Redneck Tech, Imperial Photographer, K.o.E.
February 3, 2011 19:14

Jerry says:

Drag them all out in shackles.

‘Show up with some fuzzy leopard print shackles n’ barney fwanks would think it’s just another lil’ game :em95: ,,

LC LittleRott84 Imperial DJ
LC LittleRott84 Imperial DJ
February 3, 2011 20:59
Tallulah
Tallulah
February 3, 2011 21:37

This is HUGE, folks. As the Obama Regime has decided to follow this path, repeatedly demonstrating their contempt for the Law of the Land, we, in effect, HAVE NO MORE COUNTRY if we don’t fight back. The United States is all about the Rule of Law, the CONSTITUTION. It’s our soul, the bricks and mortar of our Nation. And they… Read more »

LC Old Dog
LC Old Dog
February 3, 2011 23:57

As I understand it, Amendment I guarantees the right to discuss the problem! Amendment II guarantees us the means to rectify the situation. There are certain sites that purport to be Right leaning on the Web that seem to forget the first part (Allah Air and Ace of Lame) and will ban you for the use of the R word.… Read more »

lc purple raider
lc purple raider
February 4, 2011 00:16

Subotai Bahadur: This decision by the pResident is curious, since we have been assured by numerous personages that Ogabe is a “constitutional law scholar.” We were assured time after time that Ogabe was “American”, born and raised here, a stellar college career at Columbia and Harvard, where he received said Constitutional law degree (which no one has ever seen, BTW).… Read more »

Cannon Fodder
Cannon Fodder
February 4, 2011 03:06

I believe that impeachment would likely produce less than the Clintoon impeachment.

Emperor Misha I
Admin
Emperor Misha I
February 4, 2011 05:36

LC Old Dog says:

There are certain sites that purport to be Right leaning on the Web that seem to forget the first part (Allah Air and Ace of Lame) and will ban you for the use of the R word.

“They” are the same guy.

LC Sir Clambake, Imperial Black Ops Technician, K.o.E.
LC Sir Clambake, Imperial Black Ops Technician, K.o.E.
February 4, 2011 12:02

lc purple raider says: It is one of two answers. 1.) He is so fucking stupid, he failed lunch. 2.) He is such a fucking Marxist he doesn’t care. As far as solutions, impeachment is a good place to start. No. No it is not. Proving him ineligible, through the coarsest reading of that Art 2, sec 1, para 5… Read more »

LC Sir Clambake, Imperial Black Ops Technician, K.o.E.
LC Sir Clambake, Imperial Black Ops Technician, K.o.E.
February 4, 2011 12:03

But I will go with option 2.

Kristophr, LC
Kristophr, LC
February 4, 2011 16:51

Response to LC MuscleDaddy @: If an act is found unconstitutional, then you cannot be punished for violating it. The “whites only” signs came down fairly quickly after businesses started getting sued for having them up. Federal ‘crats and police will suddenly lose interest in enforcing Obama dictat if doing so results in lawsuits and huge liens being put on… Read more »

LC thecabal
LC thecabal
February 4, 2011 17:48

Response to Emperor Misha I @: No kidding, Sire? You’re not just pulling our legs, are you? Or is this an open secret that us scrubs not plugged into the right blogosphere never heard? Always thought they seemed somewhat similar, but “Ace” has been sounding more and more like “Allah” in the last few months. BTW Subotai, you always do… Read more »

AyUaxe
AyUaxe
February 4, 2011 17:54

Management is free to contact me for any non-client legalisms they may wish to request. You’ll note I bloviated similarly over on the related thread at #7. Lord Pao An does hit the nail on the head in regard to the most fundamental problem with this entire administration–they do not respect the law and do not agree that we are… Read more »

AyUaxe
AyUaxe
February 4, 2011 17:57

Sorry about the double post, but think it’s worthwhile to highlight: If one (1) Federal District Court decision declaring DADT to be unconstitutional, in the face of multiple other Federal District Court rulings the other way does not kill the policy nationwide, automatically and totally absent appeal; why is the Department of Defense now desperately and involuntarily jumping through its… Read more »

Emperor Misha I
Admin
Emperor Misha I
February 4, 2011 18:14

LC thecabal says: No kidding, Sire? You’re not just pulling our legs, are you? Or is this an open secret that us scrubs not plugged into the right blogosphere never heard? Can’t prove anything and I’m not “in the know” if that’s what you’re asking, I’m just a poor analyst who has thoughts. Sometimes they’re wildly off the mark, sometimes… Read more »

Jaybear, Colonel of Imperial Ancient Artillery
Jaybear, Colonel of Imperial Ancient Artillery
February 4, 2011 18:32
Guest
February 4, 2011 18:38

As if we needed anymore evidence of the treasonous activities of the NSDWP we have this little tidbit via Drudge: SECRET DEAL: US AGREES TO TELL RUSSIA UK’S NUKE SECRETS The US secretly agreed to give the Russians sensitive information on Britain’s nuclear deterrent to persuade them to sign a key treaty, The Daily Telegraph can disclose. Information about every… Read more »

VonZorch Imperial Researcher
VonZorch Imperial Researcher
February 4, 2011 18:52

Response to Light29ID @:
Does it really surprise you that the state department ( yes, the lack of capitalization is deliberate) would betray one of our allies?

Guest
February 4, 2011 19:02

So true, Jaybear…., amazing epiphany they have when their asses are now on the line. Game over….stand, submit and or die. The same game the left plays here, supporting muslims. I smile thinking of all these left wing feminists being told to line up for their let us say, physical alterations below the belt. Or having to submit to all… Read more »

Imperial Grammar Nazi, G.L.O.R
Imperial Grammar Nazi, G.L.O.R
February 4, 2011 19:24

Response to Jaybear, Colonel of Imperial Ancient Artillery @:
Well, since Bonzo just sold them out to Russia, they’d best learn to fend for themselves now.

LC thecabal
LC thecabal
February 4, 2011 19:37

Response to Emperor Misha I @:
Understood. :em93: Sometimes I’m a little too daft to properly read between the line.

Thanks Misha!

LC Sir Intellectual Conservative 5th Columnist
LC Sir Intellectual Conservative 5th Columnist
February 4, 2011 20:54

Not sure whether you’d feel this worthy of a rant, anyone, and it’s off topic …

Another offering from the Religion Of Peace

ZeektheCruel
ZeektheCruel
February 4, 2011 21:07

Response to LC Subotai Bahadur, Lord Pao An @: Just to be clear, he shot a hole in the cap and trade bill. Apparently “getting Washington off our backs” does not include repealing a bill that nationalizes about 1/6th of our economy. And, apparently, West Virginians understand a vote for cap and trade kills the coal industry, but outside of… Read more »

ZeektheCruel
ZeektheCruel
February 5, 2011 08:02

Response to LC Subotai Bahadur, Lord Pao An @: I think you were pretty much on target. You wrote: There is no such thing as a Democrat who cares for the country or the Constitution. Hasn’t been one for a few decades now. Obama could be caught in bed with a live boy or a dead girl, wipe his ass… Read more »

LC Proud Infidel
LC Proud Infidel
February 5, 2011 13:02

The Law clearly does NOT apply to self-anointed elite like [wannabe] Emperor B. HUSSEIN Obama and his lackeys as well as his Ghicago Mob handlers, it only applies to vile, unwashed peasants like us Right-Wingers. It’s not just the Drilling Moratorium, the Issue of Obamacare being thrown out by a Federal Judge is out there, too. It’s been thrown out… Read more »

LC Sir Clambake, Imperial Black Ops Technician, K.o.E.
LC Sir Clambake, Imperial Black Ops Technician, K.o.E.
February 5, 2011 13:17

Get this word out. Mine or the original, but get the word out.

LC Sir Clambake, Imperial Black Ops Technician, K.o.E.
LC Sir Clambake, Imperial Black Ops Technician, K.o.E.
February 5, 2011 13:25

Response to Light29ID @ 23:
Beat me to it. Will THIS be enough?

LC Aquila
LC Aquila
February 5, 2011 16:32

When dealing with the current “administration” [that term being loosely used, as I have significant doubts as to the Constitutionality/legality of same] one must first assume they will NOT comply with the laws of this land. They certainly proved their disregard during their tenure so far and the likelihood that they will change that practice is not good. They evidently… Read more »

Guest
February 5, 2011 18:59

Response to LC cmblake6, Imperial Black Ops Technician @: Sadly no…most of the nimrods that vote know more about Lindsay Lohans’ bouts with rehab than know that their freedoms are being stripped away. Then when we say something were labeled right-wing lunatics. Sometimes I think we do need an End of Days so we can have a rebirth of what… Read more »

Cannon Fodder
Cannon Fodder
February 5, 2011 19:54

Watched the video of the British P.M. He has one thing totally wrong. The problem is not people following a warped form of Islam. These people are following ORIGINAL Islam. The so-called moderates are practicing a watered down version of Islam. BUT, they work towards the same goal as the “extremists”, that of a world-wide caliphate. I do agree that… Read more »

Guest
February 5, 2011 21:51

The words of the Constitution mean things too, they are not obscure, difficult to understand, not a foreign language,

Maybe if it was written in Arabic Ogabe would understand it better?

LC ITBookworm
LC ITBookworm
February 6, 2011 01:37

LC cmblake6, Imperial Black Ops Technician says:

Get this word out. Mine or the original, but get the word out.

Are there any of are true allies he is not trying to screw over?

LC FX Phillips
LC FX Phillips
February 6, 2011 09:09

Response to LC ITBookworm @: In a word …No. His whole world view is based on a rule of a self styled elite and a revanchist neo anti colonialism( a rubric of self justified racism). Those including this country who engaged in anything like colonialism are, to his warped mind, the evil of the world. He never considers that those… Read more »

LC Aquila
LC Aquila
February 6, 2011 23:29

There is another incidence of contempt of court, the “Administration” is defying the injunction on the moratorium on drilling in the Gulf of Mexico. The judge seems to be really unhappy about it. Especially since there has been what amounts to a reissue of the original moratorium which will be struck down too. Don’t think it would matter what language… Read more »

bloodyspartan
bloodyspartan
February 7, 2011 23:32

We all know what has to be done, the question is are we going to fulfill our obligations, This more important part was left out. It is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. The Only questions are how much longer we wait and jeopardize our Republics… Read more »