"First they ignore you, then they ridicule you, then they fight you, then you win." -- Mahatma Gandhi

Usurpation of Legislative Power by Missouri Circuit Court Judges (Part2)

August 9th, 2007 by mopns · No Comments

Earlier this week, we posted an email from reader Jim Byrne, questioning the constitutionality of a Missouri circuit court judge ruling that a Missouri Statute was unconstitutional: “It just didn’t sound right. How could the voice of the people be muted by a judge that only has jurisdiction in the circuit in which she serves.”

As any engaged citizen would have done, Mr. Byrne contacted Senate President Pro Tem Mike Gibbons – an attorney and the most powerful member of that body. After receiving this brush off letter from the Senator’s office, Mr. Byrne faxed the following letter to his office this morning.

To: Senator Michael Gibbons
State Capitol Building, Room 326
Jefferson City, Missouri 65101 August 8, 2007

Dear Senator Gibbons,

On July 26th I sent you a letter. It did contain numerous questions, most of which, if left unanswered, would question your competence, not only as an attorney, but as a legislator. You chose to leave them unanswered.

You stated that, “When a statute, or a portion thereof, is declared unconstitutional by a circuit court, the law becomes invalid or void, and no longer has any legal force or effect upon the circuit court’s final decision. The law will still show up within the Missouri Revised Statutes, however, a footnote will be printed to indicate that the law has been declared unconstitutional and that it is not valid. Unless the circuit court’s decision is overturned on appeal, the law will remain without force or effect forever. It will remain within the code of state statutes unless it is repealed, or rescinded by legislative act.”

It has become clear that this statement is not based on documented authority. You fabricated it in order to support your position. It is a bold-faced lie.

I had requested documentation to support your claim. Instead of supplying the requested documentation, you blew me off!

“We have answered your numerous questions to the best of our ability, but it appears that you are not satisfied. Thank you for contacting me. I wish you well as you continue your efforts.”

Why you little snot-nosed brat. While you were in law school, I was protecting this country by participating in classified deterrent patrols on a nuclear submarine. While you enjoyed your summer vacations, I was working 36 straight hours, without sleep, in a 115 degree engine room. I fought fires that I couldn’t run away from. I left my family and friends for months at a time. I voluntarily gave up my rights to life, liberty, and the pursuit of happiness, a sacrifice that every man and woman in the Armed Forces makes in order to protect this country.

You have the audacity to blow me off when confronted with your lies?

Honorable –def. characterized by integrity: guided by a high sense of honor and duty.

You are not honorable.

You may have gotten away with this type of disrespectful response in the past, but this state is not being watched by the docile chumps of the past. Now it’s my watch and I’ll call upon every veteran in this state to assist me. Your apparent allegiance to the Judiciary is detrimental to the Separation of Powers Doctrine. You have desires to be Missouri’s next Attorney General. You should apologize to your supporters, and return their donations. I ask that you provide documented authority to support your claims or resign from your position. Incompetence and arrogance on the part of our elected representatives can no longer be tolerated. You took an oath to support the U.S. Constitution and the Missouri Constitution. The Missouri Constitution does not grant the power of judicial review of a Missouri Statute to the circuit courts. If you contend that it does, provide documented authority that expressly permits such. Before you do, I suggest that you look up “expressly.”

“Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure.” —Thomas Jefferson

James T Byrne

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