No. 19-5157

Ronald Ray Horner v. United States

Lower Court: Tenth Circuit
Docketed: 2019-07-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-i-section-8 circuit-court-jurisdiction constitutional-amendment due-process enrolled-bill-rule enumerated-powers expansion-of-legislative-power house-concurrent-resolution-219 legislative-power standing stare-decisis
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Can Congress expand its legislative power beyond the Constitution's enumerated powers?

Question Presented (from Petition)

Questions Presented ; : Pursuant to Rule 14(1)(a) 1) Issues concerning Article I, Section 8 of the Constitution of the United States of America: a) Can Congress pass legisiation that broadens and expands . . Congress's power beyond those enumerated in the Constitution? b) Can Congress pass legislation that does not encompass carrying into effect one of Congress's enumerated powers? 2) Issues concerning Article V of the Constitution of the United States of America: : a) Can Congress unilaterally expand its own legislative power without going through the process of amending the Constitution? b) Can a Circuit Court modify or nullify Constitutional mandates or requirements? : c) Are Circuit Courts the Constitutionally authorized and recognized authority for amending the Constitution? : d) Can Congress, by legislation alone, modify standing as described, outlined, expressed, and implied in the Constitution without ; : amending the Constitution? e) Can the Secretary of State ignore the "Exception Clause" of Article V of the Constitution and declare that an amendment to the Constitution. has been found validly enacted even though one or more States objected to the amendment as the amendment would effect their "suffrage" in the Senate? A i direct violation of the "Exception Clause." 3) Issues concerning House Concurrent Resolution 219 (1947-48 80th Congress) and Article I, Section 7, Clause 2 of the Constitution of the United States of America: --i- a) Can Congress -violate precedents established by the Supreme Court to expedite passage of legislation that effects the Public at large? : b) Can the Speaker of the House of Representatives and the President of the Senate (or President Pro Tempore) enroll a bill that was never presented to Congress in the way and i : method required by the Constitution? Then, present that bill oe to the President (of the United States) as if that bill had , passed by all of the requirements of the Constitution? c) Can Congress ignore Constitutional mandates and requirements when attempting to pass legislation? . . d) Is a de facto government ever legitimate? Do the Circumstances that might make a de facto government legitimate currently exist in the United States of America? . 4) Issue concerning stare decisis: Are District, and Circuit Courts required to follow precedents from their respective Circuits and the Supreme Court when deciding the cases. brought before them? , : 5) Issue concerning "due process" violations of the Fifth Amendment to the Constitution of the United States of America: Can a , defendant in a criminal case be subjected to conviction and punishment under a statute when the defendant was never indicted by a Grand Jury for violating the statute? . --ii--. : |

Docket Entries

2019-10-07
Petition DENIED.
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-23
Waiver of right of respondent United States to respond filed.
2019-06-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2019)

Attorneys

Ronald Ray Horner
Ronald Ray Horner — Petitioner
Ronald Ray Horner — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent