Time: Sun Apr 20 20:31:37 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id UAA09139; Sat, 19 Apr 1997 20:24:25 -0700 (MST) by usr05.primenet.com (8.8.5/8.8.5) with SMTP id UAA19249; Sat, 19 Apr 1997 20:24:20 -0700 (MST) Date: Sun, 20 Apr 1997 20:30:23 -0700 To: David Dodge <romans@gate.net> From: Paul Andrew Mitchell [address in tool bar] Subject: Bootstrap doctrine References: <2.2.32.19970420021240.006dc788@zekes.com> This decision is wrong, for the very same reason that 28 U.S.C. 1447(d) is unconstitutional: it is too broad, and not subject to judicial review "or otherwise." This is another case of a court saying it's so, because its says so! "Now, sit down, shut up, eat your cookies and drink your milk!!" Moreover, defects in federal court jurisdiction cannot be waived. That is well established. Federal court jurisdiction requires constitutional and/or statutory authority, and is usually presumed to be absent, without a positive showing on the record. "To Bootstrap" means to pull yourself up by your bootstraps, which is another way of saying you can defy gravity, i.e. the court can cloak itself with authority. This, of course, contradicts the flow of power that is evident in the Constitution, namely, from the People to the government. There are too many cases to quote them here, but they all say the very same thing. Yick Wo v. Hopkins is, by far, the most eloquent. /s/ Paul Mitchell http://www.supremelaw.com At 11:05 PM 4/19/97 -0400, you wrote: > > >On Sat, 19 Apr 1997 tarheel@zekes.com wrote: > >> For what it is worth and subject to discussion: >> >> Bootstrap doctrine. The decision of a court on a special >> as well as a general appearance that it has jurisdiction >> is not subject of collateral attack but is res judicata. >> Peri v. Groves, 183 Misc. 579, 50 N.Y.S. 2d 300, 308 >> (Black's 6th p 184) >> >> For grins, can anyone tell me where to find the law voulme >> set known as "Misc."? > >Any good law library in the state collection, under New York, Misc. is >the title of a reporter of New York cases. > >/David > > > ======================================================================== 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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