Posted by Paul Andrew Mitchell, B.A., M.S. on April 08, 1998 at 14:18:37:
In Reply to: Re: Bad Karma Paul Mitchell? posted by New Kid on the Block on March 31, 1998 at 22:11:49:
My apologies for the malfunction today
in the forum software. We plan to replace
it entirely, as soon as possible.
Dave has argued that the specific language
in 28 U.S.C. 451 disproves the existence
of two classes of federal district courts.
My lengthy answer was, sadly, erased by
the forum software, so here is another
attempt to say the same things:
1. please read Topic "E" in Gilbertson's
OPENING BRIEF, and see if those cites
change any of your thinking, e.g.
International Longshoremen's etc.,
and U.S. v. Saunders, the latter of
which was decided in 1981 (many years
after the enactment of 28 U.S.C.451);
2. 28 U.S.C. 451 was enacted in 1948;
it is governed by the constitutional
prohibition against Ex Post Facto laws;
if the term DCUS was used in laws enacted
prior to 1948, sec. 451 cannot change
their meaning retroactively;
3. 28 U.S.C. 1441(c) was Sec. 71 of
Title 28, U.S.C., 1940 edition(!),
which mentions the DCUS, 8 YEARS BEFORE
the enactment of 451;
4. similarly, Section 53 of 36 Stat. 1094,
1101, also mentions the DCUS; it was
enacted in 1911!!
5. the Act of June 25, 1948, states its
clear intent that:
"No loss of rights, interruption of
jurisdiction, or prejudice to matters
pending in any of such courts on the
effective date of this Act shall result
from its enactment." !!!
Therefore, it could not have abolished
the DCUS, which clearly existed PRIOR TO
6. DCUS for Arizona is created by 28 U.S.C. 82;
USDC for Arizona is created by 28 U.S.C. 132;
DCUS for Calif. is created by 28 U.S.C. 84;
USDC for Calif. is created by 28 U.S.C. 132;
and so on ....
7. The USDC cannot exercise judicial power,
according to the holding in American
Insurance, because its constitutional
authority originates from Article IV,
NOT Article III; C.J. Marshall held that
the USDC cannot receive judicial power
in the first place.
I hope this helps. My apologies for the
malfunction in the forum software.
/s/ Paul Andrew Mitchell, B.A., M.S.
Counselor at Law, Federal Witness
and Private Attorney General
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