On Monday, North Carolina’s Governor Pat McCrory asked the US supreme Court to issue a ‘STAY’ in the decision via the 4th Circuit Court of Appeals. There is one slight problem with this; The 4th Circuit CoA doesn’t have any jurisdiction over the case to begin with.
Allow me to explain.
Let us pull out our handy dandy Constitutions and do a little reading, shall we?
United States Constitution, Article III, Section 2, Clause 2 reads;
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, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
It is real simple, the lower federal courts, the district courts, & even the 4th Circuit have no authority to even hear these cases, much less make an opinion on them.
Is the State of North Carolina a ‘Party’ in these said cases?
YES THEY ARE.
Is NC’s Governor, a public Minister I might add, is he affected in these said cases?
YES HE IS.
Then how can a US district Court even be allowed to hear these cases?
These cases, the voting districts case, the voter ID case, our Amendment 1 case (Same Sex Marriage), and even the Transgender Bathroom bill, HB-2, ONLY the NC State Courts can make an opinion on them. And after exhausting those appeals, could they ONLY be taken up by the US supreme Court.
The liberal left, the NC NAACP, John Doe, & Jane Doe, (I don’t know HOW a court could accept plaintiffs with no real names, but that’s a different topic) have brought forth law suits against all of this different legislation. It went thru a couple of the State Courts and was upheld, but the left wasn’t satisfied, so they went to the FEDS.
Our legal minds of today have not been taught the Rule of Law, they’ve been taught a bunch of mumbo jumbo — it’s like the movie “Idiocracy”.
Hopefully, this little portion of the interwebs, will get picked up and reviewed by some of our so-called legal scholars.
Respectfully submitted by SilenceDogood2010 this Seventeenth Day of August in the Year of our Lord, Two Thousand and Sixteen.