James Everett Dutschke v. United States
HabeasCorpus JusticiabilityDoctri
Is it constitutional for an Article III judge to act as an Article I lawmaker by rewriting or nullifying existing written law, writing new law or as an Article II President in nullifying or expanding treaties as part of an unreviewable discretion?
Questions Presented “t-Is it constitutional for an Article III judge to act as an Article I lawmaker by rewriting or nullifying existing written law, writing new law or as an Article II President in nullifying or expanding treaties as part of an unreviewable discretion? . 2-Considering the following previously unwaivable jurisdictional examples: a-The Legislative jurisdictional issue specifically asked for by Justice Scalia (Bond 2014) regarding 'treaty enactment’ and if other countries can write US law (via treaty) b-The Legislative jurisdictional of constitutional validity of a statute not properly enacted and whether such a 'treaty enforcing statute’ "lies outside Congress' (jurisdictional) ‘ reach" (Justice Alito-Bond) c-The Territorial jurisdiction in 'enforcing' an international treaty without a nexus to ‘international intercourse' (This was the debate specifically asked for by Justice ThomasBond) jurisdictional power to expand one treaty/statute to enforce a completely unrelated act covered by an unrelated treaty/statute e-The Subject-matter reach of indicting for a biological toxin to prosecute for "developing" a product that is not biological nor toxic (applying Bond to biological weapons treaty) f-The Subject-matter jurisdiction of a fatally flawed indictment by fraudulent misrepresentation to Grand Jury g-The Subject-matter of a unique statutory BAR to a plea ’ waiver of rights (can a waiver survive the explicitly written will of Congress22 USC §6712) h-If a breached and otherwise invalid plea agreement is still ; enforcable as a waiver . , Considering that, traditionally, jurisdictional challenges are not procedurally barred or waived, are the above jurisdictional issues (including the Thomas, Scalia, Alito issues) above now, suddenly, no longer reviewable? 3-Do Nonfrivolous habeas issues & grounds that are raised, but not addressed oer are misconstrued by the courts forfeit COA? N in