Publius Huldah – Only The US Supreme Court Has Authority

ONLY the US Supreme Court has Constitutional

Authority to Conduct the Trial
Case Against Arizona & Governor Brewer

Author: Publius Huldah

Date: Thursday, July 29, 2010
http://canadafreepress.com/index.php/article/25983

Does anyone read the U.S. Constitution these days? American lawyers don’t read it. Federal
Judge Susan R. Bolton apparently has never read it. Same goes for our illustrious Attorney
General Eric Holder. But this lawyer has read it and she is going to show you something in
Our Constitution which is as plain as the nose on your face.

Article III, Sec. 2, clause 2 says:

In all Cases affecting Ambassadors, other public Ministers and Consuls,

and those in which a State shall be Party, the supreme Court shall
have original Jurisdiction. In all the other Cases before mentioned, the
supreme Court shall have appellate Jurisdiction…

“Original” jurisdiction means the power to conduct the “trial” of the case (as opposed to
hearing an appeal from the judgment of a lower court). You all know quite well what a “trial”
is - you see them all the time on TV shows: Perry Mason, Boston Legal, The Good Wife, etc.
Witnesses testify and are cross-examined, etc.

The style of the Arizona case1 shows quite clearly that the named defendants are:

State of Arizona; and Janice K. Brewer,

Governor of the State of Arizona, in her
Official Capacity, Defendants.

Judge Susan R. Bolton has no more authority to preside over this case than do you
See where it says, “State of Arizona”? And “Janice K. Brewer, Governor of the State of
Arizona, in her official Capacity”? THAT (plus Art. III, Sec. 2, clause 2) is what gives the US
Supreme Court “original Jurisdiction”, i.e., jurisdiction to conduct the trial of this case. THAT
is what strips the federal district court of any jurisdiction whatsoever to hear this case. Judge
Susan R. Bolton has no more authority to preside over this case than do you (unless you are a
US Supreme Court justice).

In Federalist No. 812 (13th para), Alexander Hamilton commented on this exact provision of
Art. III, Sec. 2, clause 2:

...Let us now examine in what manner the judicial authority is to be distributed

between the supreme and the inferior courts of the Union. The Supreme Court is
to be invested with original jurisdiction, only “in cases affecting
ambassadors, other public ministers, and consuls, and those in which
A STATE shall be a party.” Public ministers of every class are the immediate
representatives of their sovereigns. All questions in which they are concerned are

Page 1 of 3 
 
Publius Huldah – Only The US Supreme Court Has Authority
 
so directly connected with the public peace, that, as well for the preservation of
this, as out of respect to the sovereignties they represent, it is both expedient and
proper that such questions should be submitted in the first instance to the
highest judicatory of the nation. Though consuls have not in strictness a
diplomatic character, yet as they are the public agents of the nations to which
they belong, the same observation is in a great measure applicable to them. In
cases in which a State might happen to be a party, it would ill suit its
dignity to be turned over to an inferior tribunal…. [boldface added, caps
in original]

Yet Attorney General Eric Holder filed the case in a court which is specifically stripped of
jurisdiction to hear it!

So! Counsel for the State of Arizona should consider:

1. File a Petition for Removal before federal district court Judge Susan R. Bolton demanding
that the case be removed to the Supreme Court on the ground that under Art. III, Sec. 2,
clause 2, US Constitution, only the Supreme Court has jurisdiction to conduct the trial of this
case.

2. If Judge Bolton denies the Petition for Removal, file a Petition for Writ of Mandamus in the
Supreme Court asking that court to order Judge Bolton to transfer the case to the Supreme
Court.

A Petition for Writ of Mandamus is an old common-law “extraordinary writ”: It asks a court
to ORDER a lower court or other public official to something which it is its duty to do. In Kerr
v. US District Court for Northern District of California (1976),3 the Supreme Court said,
respecting the propriety of issuing writs of mandamus:

....the fact still remains that “only exceptional circumstances amounting to a

judicial ‘usurpation of power’ will justify the invocation of this extraordinary
remedy.”...(para 13)

When a federal district court judge presides over a case which the Constitution specifically
prohibits her from hearing, and even issues a ruling enjoining the enforcement of a State Law,
then that federal district court judge usurps power. She is specifically stripped - by Art. III,
Sec. 2, clause 2 - of jurisdiction to preside over the case against the STATE of Arizona and
against THE GOVERNOR of the STATE of Arizona.

For procedures for filing the Petition for Writ of Mandamus, see Supreme Court Rule 20.4

Article IV, Sec. 4, requires the federal government to protect each of the States against
invasion.Not only is the Obama regime refusing to perform this specific Constitutional duty -
it seeks to prohibit the Sovereign STATE of Arizona from defending itself! This lawlessness on
the part of the Obama regime is unmatched in the history of Our Country.

OK, counselors - Go for it! PH

Page 2 of 3 
 
Publius Huldah – Only The US Supreme Court Has Authority
 
                                                            

End Notes:

1 http://media.washingtonpost.com/wp-
srv/politics/documents/arizona_ruling_072810.pdf

2 http://www.foundingfathers.info/federalistpapers/fed81.htm

3 http://openjurist.org/426/us/394/kerr-v-united-states-district-court-for-northern-
district-of-california

http://www.law.cornell.edu/rules/supct/search/display.html?terms=mandamus&url=
/rules/supct/20.html

Publius Huldah is a retired lawyer who lives in Tennessee USA. She writes on the U.S.
Constitution and posts her papers at http://publiushuldah.wordpress.com. Before getting a
law degree, she got a degree in philosophy where she specialized in political philosophy and
epistemology (theories of knowledge).

Using primarily The Federalist Papers, which were written during 1787-1788 by Alexander
Hamilton, James Madison & John Jay, in order to explain the proposed Constitution to the
American People and induce them to ratify it, Publius Huldah explains the true & original
meaning of the U.S. Constitution. She also shows how modern day judges on the U.S. federal
courts have completely abandoned the U.S. Constitution and have substituted their own
personal views and opinions for The Constitution.

Publius can be reached at: Publiushuldah@twlakes.net

###

Page 3 of 3