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« Good news | Main | Cloture on Kavanaugh nomination »

Joyce Malcolm on the 9th Circuit

Posted by David Hardy · 4 October 2018 04:14 PM

At the Jurist. If you're wondering how a court can alternate between being very pro-2A to being very, very anti-2A... this is the 9th Circuit. It has 22 active judges and 20 senior (part-time) judges, and each case is decided by a panel of three. So it all depends upon what panel you draw. But with any pro-2A panel decision, there is an appeal to the court sitting en banc. In most courts that means the entire court hears it, but the 9th is so large that it's heard by 10 judges plus the chief judge. Thus far, every pro-2A panel decision has been taken en banc, and reversed. Welcome to the 9th!

2 Comments | Leave a comment

Flight-ER-Doc | October 4, 2018 4:58 PM | Reply

First of all, the senior judges need to be permanently retired.

Secondly, the 9th Circus needs to be broken into at least 5 new circuits: N. Cal, S. Cal, Alaska and Hawaii (based in Fairbanks, AK, or further north), and Nev/Arizona and Wash/Ore/ID/Mt.

And thirdly, Congress needs to start using it's Article III powers to reign in the courts

FWB | October 5, 2018 8:51 AM | Reply

It is about the judiciary raising themselves to positions of power that We the People did not grant them.

Once more as I've been lecturing people for a couple of decades:

"Who's the Boss? The Creator or the created? The Superior or the subordinate?"

The answer is the Creator or the Superior. The subordinate is never in charge yet the Supreme Court has lied to the People and claimed the power to interpret the Constitution. But the Constitution CREATED the supreme court making the Constitution the court's boss. We the People through our States created the Constitution making WE THE PEOPLE the Creator/Superior of the Constitution AND of the Courts. We the People are the sole determiners of the meaning of the phrases in the Constitution. We the People can do so as long as We the People are not corrupted in our knowledge by the lying government schools.

The 2nd Amendment is clear and concise. It leaves no area for ANY governmental entity to infringe on keeping and bearing Arms. The States retain the police power to provide for the safety of the people of the State but still cannot limit the keeping and bearing of Arms. It may punish for using such Arms to harm others but no more than that. The feds DO NOT have police power outside DC and the purchased areas for buildings other than the 6 or so police powers explicitly granted so no federal police power laws are legitimate.

Worse yet, the circuit courts are subordinate even to Congress which is subordinate to the Constitution and which are subordinate to We the People since Congress creates the lower courts. Thus the lower courts have even less authority to "interpret" anything.

Blackstone (Book 1, Page255/6 I believe) covers the fact that the People (society) override the decisions of the courts.

Any judge who interprets the Constitution to be anything other than exactly what the words state, who adds caveats or limitations when none were included, who claims the US is a sovereign nation when the US ARE a Union of 50 nations and the central government has ONLY granted powers, not implied, inherent or what have you powers, should be removed for bad behavior.

Impeachment is a much underused power that should be exercised regularly to remove those who force We the People to kneel to their whims.

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