Time: Tue Apr 15 08:38:54 1997
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Mon, 14 Apr 1997 20:55:25 -0700 (MST)
Date: Mon, 14 Apr 1997 21:56:02 -0500
Originator: civprocedure-l@lawlibdns.wuacc.edu
From: Paul Andrew Mitchell [address in tool bar]
To: Multiple recipients of list <civprocedure-l@lawlibdns.wuacc.edu>
Subject: SLS: excerpt from Dyett v. Turner, Utah Supreme Court (1968)
[This text is formatted in Courier 11, non-proportional spacing.]
The United States Supreme Court, as at present constituted,
has departed from the Constitution as it has been interpreted
from its inception and has followed the urgings of social
reformers in foisting upon this Nation laws which even Congress
could not constitutionally pass. It has amended the Constitution
in a manner unknown to the document itself. While it takes three
fourths of the states of the Union to change the Constitution
legally, yet as few as five men who have never been elected to
office can by judicial fiat accomplish a change just as radical
as could three fourths of the states of this Nation. As a result
of the recent holdings of that Court, the sovereignty of the
states is practically abolished, and the erst while free and
independent states are now in effect and purpose merely closely
supervised units in the federal system.
We do not believe that justices of once free and independent
states should surrender their constitutional powers without being
heard from. We would betray the trust of our people if we sat
supinely by and permitted the great bulk of our powers to be
taken over by the federal courts without at least stating reasons
why it should not be so. By attempting to save the dual
relationship which has heretofore existed between state and
federal authority and which is clearly set out in the
Constitution, we think we act in the best interest of our
country.
We feel like galley slaves chained to our oars by a power
from which we cannot free ourselves, but like slaves of old we
think we must cry out when we can see the boat heading into the
maelstrom directly ahead of us; and by doing so, we hope the
master of the craft will heed the call and avert the dangers
which confront us all. But by raising our voices in protest we,
Dyett v. Turner, 439 P.2d 266 (1968): Page 3 of 15
like the galley slaves of old, expect to be lashed for doing so.
We are confident that we will not be struck by 90 per cent of the
people of this Nation who long for the return to the days when
the Constitution was a document plain enough to be understood by
all who read it, the meaning of which was set firmly like a jewel
in the matrix of common sense and wise judicial decisions. We
shall not complain if those who berate us belong to that small
group who refuse to take an oath that they will not overthrow
this government by force. When we bare our legal backs to receive
the verbal lashes, we will try to be brave; and should the great
court of these United States decide that in our thinking we have
committed error, then we shall indeed feel honored, for we will
then be placed on an equal footing with all those great justices
who at this late date are also said to have been in error for so
many years.
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Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU
web site: http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
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