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What can be done?

Posted on | June 22, 2010 | 4 Comments

Chum Lee

Any case challenging the Arizona laws are challenging its constitutionality. Questions of constitutionality are questions of law. Additionally, these suits seek permanent injunctions, which of course, are decided by judges and not juries.

That being said, any challenge that is purely Arizona state law could be heard in state courts without a chance for removal, and whatever the jury rules in Arizona would apply. Any challenge under the federal constitution – federal court only.

Chum Lee
Answer:
there is nothing in the Constitution saying that the jury cannot decide whether Obama administration has standing to sue, whether they suffered any damages as a result of AZ law, or whether their law suit is totally frivolous, brought forward to harass and intimidate citizens of AZ. If the lawsuit is frivolous, than the federal government should pay AZ sanctions, damages and attorney’s fees 
  
Category: Uncategorized

Comments

4 Responses to “What can be done?”

  1. Chum Lee
    June 22nd, 2010 @ 11:05 am

    I agree that if the case is frivolous there should be Rule 11 sanctions. That being said, the Constitution discusses jury trials for felonies and common law cases. A Supremacy Clause, 14th Amendment Challenge, or any other constitutional challenges are not suits at common law. Therefore, no jury trial. QED

  2. dr_taitz@yahoo.com
    June 22nd, 2010 @ 1:44 pm

    show me a paragraph in the Constitution, stating that the State cannot have a jury trial on the issue of standing of federal government to question State law or whether the fact of the case show that a particular state law violates US Constitution.
    There is no such prohibition!

  3. Chum Lee
    June 22nd, 2010 @ 3:22 pm

    I’ll end this friendly discussion by saying I believe you are wrong, and if Arizona gets a jury trial against the Feds – I’ll send $1000 to your coffers.

    My point is that the Constitution provides for a jury trial in two situations – felonies and suits at common law. You can always ask for a jury trial, but there is no right in the situation you reference.

  4. dr_taitz@yahoo.com
    June 22nd, 2010 @ 4:06 pm

    I believe we agreed on the following point: it is a gray area. There are cases, where you have such right exressed in statutes and precedents, and there are cases, where such right is not prohibited, but simply was not exercised for years. Do you recall the name of the case, where a judge was nearly impeached for not letting the litigants know that the issue of law can be decided by the jury. I don’t remember at the moment, it is an old case, I need to look it up.

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