Tag Archives: government

Jurisdiction

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A commenter on an earlier post suggested I define “jurisdiction.” Herewith.

Our Declaration of Independence and our Constitution define and create our social compact as a nation whose people are sovereign and whose government men and women work for us by our consent (in government’s existence) and by election (of those men and women actually serving*).

Johnson’s Dictionary, 4th ed, contemporaneous with the writing and ratification of our Constitution:

JURISDICTION.
1. Legal authority; extent of power.
2. District to which any authority extends.

Modern American dictionaries, viz., Merriam-Webster Online, define jurisdiction:

Jurisdiction
1: the power, right, or authority to interpret and apply the law a matter that falls within the court’s jurisdiction
2a: the authority of a sovereign power to govern or legislate
b: the power or right to exercise authority: control
3: the limits or territory within which authority may be exercised

The definition of jurisdiction as our Founders understood it remains the same as it is understood today. (Aside: that only keeps things convenient. Were the definition materially changed today, our Constitution still would have to be understood and applied in those original terms; an Amendment would be needed, not judicial decree, to bring that definition forward to today.)

Our government’s jurisdiction, thus, does not extend beyond the limits of our nation’s social compact.

Our social compact (any social compact) isn’t only geographically defined, however. It’s also, and primarily, a two-way commitment, a mutual agreement to protect the compact’s members and the members’ agreement to submit to and obey the rules associated with that agreement.

Hence, my claim in that earlier post: illegal aliens, by entering our nation illegally and remaining illegally present, are holding themselves outside the tenets of our social compact. By holding themselves outside our social compact, they are holding themselves beyond the reach of our government’s jurisdiction. Their presence within the territorial limits of our nation only cedes control via raw power to our government.

*Unelected bureaucrats in government, from Congressional and Executive Branch staffers through the men and women in civil service are selected and hired—at bottom—by those elected representatives.

Still Another Reason

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This time, another reason to eliminate the Federal government’s Star Chamber that is its FISA Court. The reason is in the lede:

The nation’s spy court has quietly approved a Justice Department request to review information tied to the Foreign Intelligence Surveillance Act (FISA) warrants that targeted former Trump campaign associate Carter Page as FBI Director Kash Patel seeks to hand over more Russiagate evidence to Congress.

The timeline of this…approval:

  • 6 June: DoJ filed its request with the FISA court
  • 17 June: FISA approved the request
  • 7 July: FISA made its approval public

That’s entirely too slow. DoJ—and the FBI—had their own copies of what they’d filed with FISA (didn’t they?); they had their own approval authority for the documents they owned. Aside from that, FISA has had its own copies of those filings, along with records of its deliberations of the related matters being considered with those filings for all these years. The judges on that court must have known that this day would come; of course, responsible and rational persons that they are, they’d already worked out at least the outlines of how they would respond. Taking 11 days to review that outline and to act on it is sloth. Taking an additional three weeks to make public their decision is irresponsible secrecy for the sake of secrecy.

That’s secondary, though. Coming ahead of that, and so obviating any need to consider any of that, is this: this court, as long as it’s going to operate entirely in secret, should have no say about the progress of an FBI or a DoJ investigation or about those agencies’ dispositions of materials associated with those investigations. To the extent our courts should be involved in such decisions, that should be the role, solely, of our public Article III courts, each of which is fully capable of handling classified information.

Another Reason

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The Straits Times, a Singapore-based e-newspaper, has an interesting piece regarding Europe and exit taxes. The lede bullets include these two items:

  • European countries like Germany, Norway, and Belgium are increasing exit taxes to retain wealthy residents and collect revenue on unrealised capital gains
  • These taxes, levied on individuals leaving with significant assets (e.g., over €500,000 in Germany)…

The e-newspaper is of unknown provenance and reliability, at least to me, so take this with a grain of salt. The claims are entirely plausible, though, given the European nations’ broad range of taxes and high tax rates, and the states’ basic assumption that the money citizens earn is for the state to tax and not actually for the citizens to earn and remit a portion.

If the description is true, though, this is just one more reason for successful folks (not just the wealthy: Germany’s Purchasing Power Parity per capita GDP is €61,800. Those €500,000 in assets is upper middle class) to push the pace on leaving Europe before doing so gets even more financially difficult. The Soviet Union erected an Iron Curtain—literally in some places—in order to keep folks from leaving, so as to keep them working for the state. It looks like Europe is erecting a Euro Wall to keep the folks who earn money from leaving, so as to keep them earning money for the state. How long before they erect a 100% tax Euro Wall?

Mamdani Is Not a Communist

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He says so, and that settles it, doesn’t it? Yet the Progressive-Democratic Party’s candidate for New York City mayor, Zohran Mamdani, has said, much more forcefully, otherwise, and not so long ago, given his youth (he’s only 33).

  • …we need a socialist New York to give these workers their power back….
  • [I]f we want to change the nature of politics in New York State wholesale, it will require bringing in a lot more DSA [Democratic Socialists of America] members
  • [T]here are other issues which we firmly believe…[including] the end goal of seizing the means of production
  • if we want everyone to be full participants in the economy, we need worker ownership of the means of production

And so on.

Mamdani’s denial of his communist status is typical Leftist and Progressive-Democratic Party reliance on their Newspeak dictionary and their parallel rejection of our American English dictionaries.

Ignorance is strength.

Power is in tearing human minds to pieces and putting them together again in new shapes of your own choosing.

Indeed. Our ignorance. Know Betters’ strength. Our minds torn asunder. Know Betters’ choosing.

Judge Shopping

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A Wall Street Journal editorial correctly decried this, and a letter writer to the news outlet’s Letters section correctly included the Northern District of Texas as a particular judge shopping target for bringing suits convenient to the Trump administration. The letter writer also pointed out that, as an attempt to mitigate, if not eliminate judge shopping, the Judicial Conference of the United States, strongly discourag[ed] the practice, and some Federal districts changed their rules to enhance random assignments of their judges—but those rules are District by District.

Lost in this kerfuffle (cynically so, say I given that judges as a group surely know better) is a nation-wide requirement of centuries-long standing [emphasis added]:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed….

And

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved….

For those of you following along at home, those are from our Constitution’s 6th and 7th Amendments, respectively.

For the quibblers of the lawyer class, the latter is easily extensible by statute to explicitly require the civil suit to occur in the State and district wherein the [cause of the tort] shall have [first occurred].

The ability of Congress to make such a thing explicit is in this nation-wide requirement of equally centuries-long standing:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

The District courts, as creatures of Congress, have their jurisdictional authorities set by Congress. This Congressional power over jurisdictional authority extends to the Supreme Court [emphasis added]:

…the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Again, for those of you following along at home, those are from our Constitution’s Art III, Sect 1, and Art III, Sect 2, respectively.

All that’s required to eliminate judge-shopping is a renewed respect for and enforcement of our Constitution.