Time: Sun Apr 20 20:31:37 1997
	by primenet.com (8.8.5/8.8.5) with ESMTP id UAA09139;
	Sat, 19 Apr 1997 20:24:25 -0700 (MST)
	by usr05.primenet.com (8.8.5/8.8.5) with SMTP id UAA19249;
	Sat, 19 Apr 1997 20:24:20 -0700 (MST)
Date: Sun, 20 Apr 1997 20:30:23 -0700
To: David Dodge <romans@gate.net>
From: Paul Andrew Mitchell [address in tool bar]
Subject: Bootstrap doctrine
References: <2.2.32.19970420021240.006dc788@zekes.com>

This decision is wrong, for the very same
reason that 28 U.S.C. 1447(d) is unconstitutional:
it is too broad, and not subject to judicial review
"or otherwise."  This is another case of a court
saying it's so, because its says so!

"Now, sit down, shut up, eat your cookies
and drink your milk!!"

Moreover, defects in federal court jurisdiction
cannot be waived.  That is well established.
Federal court jurisdiction requires constitutional
and/or statutory authority, and is usually 
presumed to be absent, without a positive showing
on the record.

"To Bootstrap" means to pull yourself up 
by your bootstraps, which is another way of
saying you can defy gravity, i.e. the court
can cloak itself with authority.  This, of course,
contradicts the flow of power that is evident
in the Constitution, namely, from the People 
to the government.  There are too many cases
to quote them here, but they all say the very
same thing.  Yick Wo v. Hopkins is, by far, the
most eloquent.

/s/ Paul Mitchell
http://www.supremelaw.com



At 11:05 PM 4/19/97 -0400, you wrote:
>
>
>On Sat, 19 Apr 1997 tarheel@zekes.com wrote:
>
>> For what it is worth and subject to discussion:
>> 
>> Bootstrap doctrine. The decision of a court on a special
>> as well as a general appearance that it has jurisdiction 
>> is not subject of collateral attack but is res judicata.
>> Peri v. Groves, 183 Misc. 579, 50 N.Y.S. 2d 300, 308
>> (Black's 6th p 184)
>> 
>> For grins, can anyone tell me where to find the law voulme
>> set known as "Misc."?
>
>Any good law library in the state collection, under New York, Misc. is
>the title of a reporter of New York cases.
>
>/David
>
>
>

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