Cult of the Black Robe; Federal Judges
questions of power, then, let no more be said of confidence in man,
bind him down from mischief by the chains of the
Let's take a look at the branch of government which was supposed to
be the protector of the American citizen. The Judicial branch! Many who
read this would say that statement is the biggest joke of this book thus
Really, the federal courts are required to make secure the
people's unalienable rights by helping to keep all governments and
officials within the limits of their powers imposed by the people under
A look-see on the background and operation of
the federal courts is first. The only court established by the
Constitution is the Supreme Court. The authority to establish courts below
the Supreme Court was given to the Congress. Under this constitutional
authority, the Congress has established Circuit Courts of Appeal, District
Courts, the Court of Claims, Customs Court, Court of Customs and Patents
Appeals, Tax Court and Territorial Courts.
Another 'court' has
come to light . . .a secret court which meets behind closed STEEL doors.
Their duty? To issue search warrants and wire taps in drug cases. This was
reported by one of the evening TV news programs recently.
Supreme Court has "original jurisdiction" in certain cases spelled out in
the Constitution. By original jurisdiction, it means a case begins in that
court. Usually, the Supreme Court has 'appellate' jurisdiction which means
that an appeal from a lower federal court would be taken to the Supreme
However, the Supreme Court is not required to review all
appeals brought before it.
An action [case or suit] of certain
kinds, is started in a lower court and usually would be the district
court. If the decision of that court is something that a person does not
agree with or feels the court made an incorrect decision, that can be
appealed to the Circuit Court of Appeals. And again, if the person does
not agree with the Court of Appeals decision, this can be further appealed
to the Supreme Court.
This is the usual procedure of the federal
court system. A system is also available for certain cases decided in
state courts to be appealed directly to the Supreme Court.
just a general outline of the operation of the federal court system. It's
not nearly as complicated and mysterious as judges and lawyers would have
you to believe. They want it secretive to perpetuate their own fraternity
and keep themselves and their brothers in business.
requirement for the judicial division of the central government was that
the branch be completely free of any influence of the other two branches
of government. Two special grants were made to judges. First, that their
salary should never be reduced. Secondly, that they should hold their
positions during good behavior.
The intention of these special
grants were to insure that federal judges would be independent and be able
to make impartial decisions, especially when deciding for a citizen of the
United States. Let me point out here, that all judges take an oath to
uphold the Constitution, well, nearly to
Here is that oath:
"I____________________, do solemnly swear (or affirm) that I
will administer justice without respect to persons, and do equal right to
the poor and to the rich, and that I will faithfully and impartially
discharge and perform all duties incumbent upon me as ________________
according to the best of my abilities, agreeably to the Constitution and
laws of the United States. So help me God."
language, isn't it? Not easy to read in any double meanings. Since no
citizen must obey any law which is made outside the authority of the
Constitution that oath makes it look as though no one has anything to fear
from the judiciary. However as we go along, it will appear that the oath
has a hollow ring to it.
The colonists had a great deal of trouble
with judges who were appointed under the authority of the king. They were
dependent on the King's will and good graces. If they made any decision
which the King disliked, they were ousted from their positions. As a
consequence, the colonists suffered one injustice heaped on another.
Notice some of the statements in the Declaration of Independence:
"He [the king] has obstructed the administration of justice . . . Has made
judges dependent on his will alone, for the tenure of their offices, and
the amount and payment of their salaries."
Angry statements are
included to show that people who were accused of crimes were sent to
England for trial and the right to trial by jury was suspended.
The framers of the Constitution sought to protect future citizens
of this country from suffering the same problems. Those are the reasons
for a judges salary which can't be reduced (They pay NO income taxes!) and
the holding of their offices during good behavior.
federal judges are nominated by the president with the consent of the
senate, the removal by impeachment still applies. Impeachment for federal
judges works the same as it would for a president or other major
The Constitution requires the House of
Representatives to investigate the charges and the Senate to conduct the
impeachment proceedings. This is an area which we will see needs vigorous
research and action by American citizens.
The first thing which
should be pointed out is there is no authority in the Constitution, actual
or implied, that any decision on a case by federal judge at ANY level
should carry any weight on other or future cases which come before the
This is not the case today. Law libraries are loaded to
the rafters with books showing decisions in previous cases which lawyers
research and use as arguments to sustain their positions in the case on
which they're working. This is nonsense for there is no permission from
our charter for government for such arguments.
Each case should be
decided on it's own merits and "agreeably to the Constitution and the laws
of the United States." By laws of the United States is meant a bill passed
by the Congress which, as required, conforms with the basic document.
These books which clog a law library are not "laws of the United
States." They are what legal eagles like to call 'case law' and have no
authority in the Constitution to be a substitute for the laws of the
United States. This case law is a record of the case which was decided, if
a record is really necessary, and cannot become public policy.
Chief Supreme Court Justice John Marshall brought this matter to
the attention of the legal profession in 1821 when Marshall included this
opinion on decisions becoming 'law': "It is a maxim not to be disregarded,
that general expressions, in every opinion, are to be taken in connection
with the case in which those expressions are used. If they go beyond the
case, they may be respected, but ought not to control the judgment in a
subsequent suit when the very point is presented."
Even the Chief
Justice agreed that it should involve only the case at hand! So where does
the legal profession and the judicial branch find the right to say 'case
law' is the law in any opinion?
This matter of becoming "public
policy" is a dangerous violation of our Constitution. By allowing this to
occur, we are allowing federal judges to amend the Constitution in direct
violation of Article V which specifies the method of amendment under our
No where is there any power for a judge to decide that a
particular school has to desegregate and by that single decision, make all
schools follow the same policy.
This is what is meant by becoming
public policy. There is no room in our form of government for 5 people (a
majority of 9 in the court) who are not elected and do not represent
anyone to make any decisions which affect us all. NONE!
no right to decide any social policies or to change our basic law by
edict. They have no right to issue any orders which, because of a mystique
created by the knights of the black robe, can become law!
lawmaking ability is restricted to Congress and cannot be spread
throughout the government. By all the examples thus far, all these
'lawmaking' decisions, orders, regulations and so forth, are way out in
left field. We are being overrun by power hungry men and women and it is
time for all of us to assert our rights and demand that the basic document
Wisdom And Freedom
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