“It is emphatically the province and duty of the judicial
department to say what the law is. Those who apply the rule to
particular cases, must of necessity expound and interpret that
rule. If two laws conflict with each other, the courts must
decide on the operation of each.”
“If then the courts are to regard the constitution; and the
constitution is superior to any ordinary act of the legislature;
the constitution, and not such ordinary act, must govern the
case to which they both apply.”
“The judicial power of the United States is extended to all
cases arising under the constitution. Could it be the intention
of those who gave this power, to say that, in using it, the
constitution should not be looked into? That a case arising
under the constitution should be decided without examining the
instrument under which it arises? This is too extravagant to
be maintained.”
“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?” Marbury versus Madison
The following is from a Memorandum issued by
United States District Judge James Robertson
on March 5, 2009. The Memorandum is a response
to the Hollister vs Soetoro lawsuit.
GREGORY S. HOLLISTER,
Plaintiff,
v.
BARRY SOETORO, et al.,
Defendants.
“This case, if it were allowed to proceed, would deserve
mention in one of those books that seek to prove that the law is
foolish or that America has too many lawyers with not enough to
do. Even in its relatively short life the case has excited the
blogosphere and the conspiracy theorists. The right thing to do
is to bring it to an early end.”
Judge Robertson’s opening statement sets the stage for revealing
his non objectivity and bias.
“The plaintiff says that he is a retired Air Force
colonel who continues to owe fealty to his Commander-in-Chief
(because he might possibly be recalled to duty) and who is
tortured by uncertainty as to whether he would have to obey
orders from Barack Obama because it has not been proven — to the
colonel’s satisfaction — that Mr. Obama is a native-born
American citizen, qualified under the Constitution to be
President. The issue of the President’s citizenship was raised,
vetted, blogged, texted, twittered, and otherwise massaged by
America’s vigilant citizenry during Mr. Obama’s two-year-campaign
for the presidency, but this plaintiff wants it resolved by a
court.”
Notice the ignorance or apathy of using words like vetted. Judge
Robertson goes on to say “plaintiff wants it resolved by a
court.” as if that is improper. Another example of those that
should be providing checks and balances passing the buck.
“The real plaintiff is probably Philip J. Berg, a lawyer
who lives in Lafayette Hill, Pennsylvania, and who has pursued
his crusade elsewhere, see Berg v. Obama”
“That case was the subject of a scholarly opinion by a
judge who took Mr. Berg’s claims seriously –- and dismissed them.”
“Mr. Hollister is apparently Mr. Berg’s fallback brainstorm,
essentially a straw plaintiff, one who could tee Mr. Berg’s
native-born issue up for decision on a new theory:”
“Because it
appears that the complaint in this case may have been presented
for an improper purpose such as to harass; and that the
interpleader claims and other legal contentions of plaintiff are
not warranted by existing law or by non-frivolous arguments for
extending, modifying or reversing existing law or for
establishing new law, the accompanying order of dismissal
requires Mr. Hemenway to show cause why he has not violated Rules
11(b)(1) and 11(b)(2) of the Federal Rules of Civil Procedure,
and why he should not be required to pay reasonable attorneys
fees and other expenses to counsel for the defendants.”
So now we have trying to uphold the US Constitution being referred
to as harassing. “Not warranted by existing law”?
Judge James Robertson. Which of the following apply to you?
Idiot
Incompetent
Biased
Anti American
Bought by Obama Camp
We would like to know.
The Citizen Wells blog demands for the removal of Judge James
Robertson from office. Please join us in this effort. Corrupt
or incompetent judges must be removed from office.
Help Philip J Berg uphold the US Constitution
Citizen WElls 