Time: Tue Apr 15 08:38:54 1997
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	Mon, 14 Apr 1997 20:55:25 -0700 (MST)
Date: Mon, 14 Apr 1997 21:56:02 -0500
Originator: civprocedure-l@lawlibdns.wuacc.edu
From: Paul Andrew Mitchell [address in tool bar]
To: Multiple recipients of list <civprocedure-l@lawlibdns.wuacc.edu>
Subject: SLS: excerpt from Dyett v. Turner, Utah Supreme Court (1968)

[This text is formatted in Courier 11, non-proportional spacing.]

     The United  States Supreme Court, as at present constituted,
has departed  from the  Constitution as  it has  been interpreted
from its  inception  and  has  followed  the  urgings  of  social
reformers in  foisting upon  this Nation laws which even Congress
could not  constitutionally pass. It has amended the Constitution
in a  manner unknown to the document itself. While it takes three
fourths of  the states  of the  Union to  change the Constitution
legally, yet  as few  as five  men who have never been elected to
office can  by judicial  fiat accomplish a change just as radical
as could  three fourths of the states of this Nation. As a result
of the  recent holdings  of that  Court, the  sovereignty of  the
states is  practically abolished,  and the  erst while  free  and
independent states  are now  in effect and purpose merely closely
supervised units in the federal system.

     We do not believe that justices of once free and independent
states should surrender their constitutional powers without being
heard from.  We would  betray the  trust of  our people if we sat
supinely by  and permitted  the great  bulk of  our powers  to be
taken over by the federal courts without at least stating reasons
why it  should  not  be  so.  By  attempting  to  save  the  dual
relationship which  has  heretofore  existed  between  state  and
federal  authority   and  which   is  clearly   set  out  in  the
Constitution, we  think we  act  in  the  best  interest  of  our
country.

     We feel  like galley  slaves chained  to our oars by a power
from which  we cannot  free ourselves,  but like slaves of old we
think we  must cry  out when we can see the boat heading into the
maelstrom directly  ahead of  us;   and by  doing so, we hope the
master of  the craft  will heed  the call  and avert  the dangers
which confront  us all.  But by raising our voices in protest we,


       Dyett v. Turner, 439 P.2d 266 (1968):  Page 3 of 15

like the  galley slaves of old, expect to be lashed for doing so.
We are confident that we will not be struck by 90 per cent of the
people of  this Nation  who long  for the return to the days when
the Constitution  was a document plain enough to be understood by
all who read it, the meaning of which was set firmly like a jewel
in the  matrix of  common sense  and wise  judicial decisions. We
shall not  complain if  those who  berate us belong to that small
group who  refuse to  take an  oath that  they will not overthrow
this government by force. When we bare our legal backs to receive
the verbal lashes, we will try to be brave;  and should the great
court of  these United States decide that in our thinking we have
committed error,  then we  shall indeed feel honored, for we will
then be  placed on an equal footing with all those great justices
who at  this late date are also said to have been in error for so
many years.


========================================================================
Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
email:       [address in tool bar]   : Eudora Pro 3.0.1 on Intel 586 CPU
web site:  http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best
             Tucson, Arizona state   : state zone,  not the federal zone
             Postal Zone 85719/tdc   : USPS delays first class  w/o this
========================================================================

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