View Single Post
  #3  
Old 02-04-2006, 11:21 AM
KITCHIE KITCHIE is offline
Practice Makes Perfect
 
Join Date: Oct 2004
Posts: 397
Talking

SansRecours, you is exactly right. Juz change those Q's into statements.

These are a few case cites which declare "judges" are mere clerks for the agency.

"It is well settled in administrative law that: "It is the accepted rule, not only in state courts, but, of the federal courts as well, that when a judge is enforcing administrative law they are described as mere ‘extensions of the administrative agency for superior reviewing purposes’ as a ministerial clerk for an agency..." 30 Cal.596; 167 Cal 762. And;

"A judge ceases to sit as a judicial officer because the governing principals of administrative law provides that courts are prohibited from substituting their evidence, testimony, record, arguments and rationale for that of the agency. Additionally, courts are prohibited from their
substituting their judgements for that of the agency." AISI v. U.S., 568 F.2d 284. And;

". . . judges who become involved in enforcement of mere statutes (civil or criminal in nature and otherwise), act as mere "clerks" of the involved agency..." K.C. Davis., ADMIN. LAW, Ch. 1 (CTP. West’s 1965 Ed.)

"...their supposed "courts" becoming thus a court of "limited jurisdiction" as a mere extension of the involved agency for mere superior reviewing purposes." K.C. Davis, ADMIN. LAW., P. 95, (CTP, 6 Ed. West’s 1977)>FRC v. G.E., 281 U.S. 464; Keller v P>E., 261 U.S. 428. And;

A so-called Municipal or District court that is not a constitutional court is a legislative tribunal. In speaking on this subject in relation to the Constitution for the united States of America, the supreme Cour t said: "The term ‘District Courts of the United States,’ . . . without an addition expressing a wider connotation, has its historic significance. It describes the constitutional courts created under Article III of the Constitution. Courts of the Territories are legislative courts, properly speaking, and are not District Courts of the United States." Mookini v. United States, 303 US 201, 205, 58 Sct. 543, 82 Led. 748 ((1938).

This is why it is so important to remember whatEVER you go to court for is not the issue. The issue becomes did they follow the process correctly. They = agency.

So my mentor Pat and I are trying to figure out a way to turn this back on them dang agencies and the "judges".

THANX TO ALL!!!
Dang!! I sure do love the people who make this cite so informative and lively in all the discussions we have about all this #%)*^$#!!!!!!

Kitchie
Reply With Quote