In my description of the dual most important reasons of appeal is of . In that in itself… Judicial restraint is the dual protection of individual rights to life, liberty and “The Pursuit of Happiness”, as if the movie Starring Will Smith. As a matter of fact, the person Will portrayed in this movie was an African American financial advisor. I really doubt any white man would have went through that much turmoil in the streets of San Francisco with the existence of what we now deem white privilege… according to Political Scientists Professing in colleges across California . Notwithstanding, the constitution was written for white men by white men. Black men were not included in this time period. The black man was not supposed to be free, have liberty and justice. We were not included in the draft of this document. Which unquestionably calls for an amendment of the constitution. Liberty and Justice for All is not prevalent in the land today as we watch all the evidentiary video evidence popping up from all over the country. The Constitution states the courts must protect individual rights from infringement. The lower courts are not doing a good job of legal self-control. I would envisage the U.S. Supreme court in receipt of encumbered with purported Civil Rights desecrations at this point in time. I am noticing cases cracking up from everywhere. How numerous of these Civil Rights violations involve the majority rights. Who is the majority? The majority must honestly be the question of political theorists of today. With the question of the tally of majority rule as Latino American families’ encroach the U.S. border from Mexico to a land of hope? We come down to voting rights… Who can be eliminated from casting votes at the polls? The majority does rule. Therefore, get your ballot and an address and prepare for the struggle to prove right from wrong. There are some touchy subjects on the dockets. People that have felt misused and stepped on so to speak will become unruly. I have heard stories of the streets in the Midwest. It is a much different life than that of a High Tech city like San Jose, CA where 5.1 million is spent on the homeless according to the Mercury news. When people can’t eat people get desperate. Desperation turns into an unplanned happening… an accident. So the desperate man that gets his wages garnished for a chick that left him and filed for welfare for what, ever reason. Gets his license suspended, for failure to pay child support is now jobless because he can’t drive to work. So he takes public transportation but is having tardiness problems adapting to new transportation and gets fired for being tardy too many times. Because the train engineer was sleep at the train’s steering wheel. How can someone pursue happiness when you get ensnared by the same people appointed to protect you? This is the only country in the world… I think, will have authorities come in and say hey… We are protecting the children. Nonetheless, this country will allow the county to relocate the kids under false pretenses and make parents pay for it. Something wrong with judicial restraint? It seems to be too much restraint that our own citizens are suffering for having and trying to raise kids. I get it if the parents are on illegals and they got guns laying around. I get it protect the kids. But if another family is just poor and just making ends meet and really trying? Don’t relocate their kids? That has got to be a horrible experience. Our country is still trying to figure what is happening to the kids. The other parent swoops the kid up from school because he/her just got served with child support case. Who can have liberty and justice when in fact having kids is not a liberty anymore? I thought our birth certificates were worth something in this country. Could the birth certificates be what all this is about? The second judicial restraint would touch on the government having their hand on citizen’s rights. “Every human who, below influence of whichever statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, exposes, or produces to be subjected, some citizen of the United States or other person within the jurisdiction thereof to the lack of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress” (Heck v. Humphrey 1994). The appellate court would overturn something that was a complete judicial error like denial of a jury trial. Since the constitution guarantees a jury trial. Any case that upheld a conviction while denying the defendant a jury trial would get reversed by the Supreme Court. The Appellate court has numerous ways to dispose of a case. Appeals have strict time limits unless you can find a loop hole in a statute of limitation on some case precedents. Appeal courts also have a strict civil procedure for attorneys. This procedure is eliminated if you file Forma Pauperis. Basically, a court would have had to error or to have violated some civil right of a citizen or stepped on the toes of something or someone for a case to have merit on appeal. A case with no merit will get dismissed in the court of appeal as moot. Appellate courts are more political than trial courts… Except for in California where private prison are popping up like hot cakes. I don’t care what anyone says. Prisons are already politically and government ran now they are private corporations. We all know corporations have their political agenda looked at with large sums of money.
https://usattorneys.com/wp-content/uploads/sites/2/2020/01/logo.svg 0 0 Luis https://usattorneys.com/wp-content/uploads/sites/2/2020/01/logo.svg Luis2015-07-22 16:43:482015-07-22 16:43:48Judicial Restraint