Bryan Fischer
Judge Bolton has no constitutional authority to rule on Arizona immigration law
FacebookTwitter
By Bryan Fischer
August 3, 2010

Although tyrannical judge Susan Bolton won't like to hear this, her federal court is referred to in the Constitution as an "inferior" tribunal. She certainly has given us no reason to doubt the appropriateness of that term in her case.

The problem here is that the Constitution plainly gives "original jurisdiction" to the Supreme Court in "all cases...in which a State shall be Party." That's from Article III, Sec. 2. You could look it up.

The state of Arizona is without question a party in this suit. The named defendants are:

"State of Arizona; and Janice K. Brewer, Governor of the State of Arizona, in her Official Capacity."

As Publius Huldah writes at Canada Free Press, "Judge Susan R. Bolton has no more authority to preside over this case than do you."

In Federalist Paper No. 81, Alexander Hamilton elaborated on this provision in some detail, and made its intent explicitly clear:

"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."

Arizona officials certainly have reason to believe that their dignity has in fact been ill-suited by this out-of-control federal judge, who has usurped power and authority from the Supreme Court itself. If Judge Bolton had any working familiarity with the Constitution at all, she would have kicked this case upstairs the moment she received it.

The bottom line here is that Judge Bolton does not have the slightest constitutional authority even to hear this case, let alone issue misbegotten and ill-informed rulings on it.

My hope continues to be that Arizona will follow the Constitution, ignore Judge Bolton's ruling, which has no legal weight, and implement the law as written by the elected representatives of the people of Arizona. Why should they allow themselves to be dictated to and pushed around by this petty, little tyrant of a judge who didn't even have the right to receive this case in the first place?

© Bryan Fischer

 

The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)

 

Stephen Stone
This holiday season: A message to all who love our country and want to help save it

Stephen Stone
The most egregious lies Evan McMullin and the media have told about Sen. Mike Lee

Siena Hoefling
Protect the Children: Update with VIDEO

Stephen Stone
FLASHBACK to 2020: Dems' fake claim that Trump and Utah congressional hopeful Burgess Owens want 'renewed nuclear testing' blows up when examined

Tom DeWeese
He brought us from darkness

Peter Lemiska
Gutless provocateurs and their useful idiots

Jerry Newcombe
Tearing down our history

Michael Bresciani
When the Left thinks it's Right – Renee Nicole Good

Jim Wagner
The most unkindest cut of all

Pete Riehm
Democrats desperate for civil chaos

Cliff Kincaid
Corruption of the Fed and its globalist backers

Joan Swirsky
VP Vance’s splinter problem

Cliff Kincaid
Hollywood and the Bolshevik Revolution

Rev. Mark H. Creech
Truth for Our Times: Biblical Clarity for a Confused Culture

Linda Kimball
Why Islam is the Spirit of Antichrist

Paul Cameron
Egalitarianism, homosexuality, and therapy-ism promoting death?
  More columns

Cartoons


Click for full cartoon
More cartoons

Columnists

Matt C. Abbott
Chris Adamo
Russ J. Alan
Bonnie Alba
Chuck Baldwin
Kevin J. Banet
J. Matt Barber
Fr. Tom Bartolomeo
. . .
[See more]

Sister sites