No. 21-5441

Brandon Mark Bjerknes v. United States

Lower Court: Eighth Circuit
Docketed: 2021-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment article-1-section-3 constitutional-construction double-jeopardy executive-branch federal-government federal-lawmaking judicial-minimalism senate-representation state-representation
Key Terms:
FifthAmendment DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Does the Senate's constitutional construction link state governments to the federal lawmaking process?

Question Presented (OCR Extract)

No question identified. : , QUESTION'S PRESENTED . , ; (1) Under Article I,section 3, ‘Clause 1 of the United States Constitution, does , the Senate, through its constitutional construction, link the State Governments directly to the Law making process in the Federal Government? . (2) If the law making process in Congress is the result of State Governmental representation, does the Executive Branch: of the Federal Government: violate the Sth: Amendment to the United States Constitution, when it successively charges a defendant for the same conduct, already charged in the Sovereignty of a. Statef? (3) Has Judicial Minimalism andthe resulting Decision Minimalism by the court led to an improper application of the Constitution as a Whole in the Judicial Branch of the Federal Government? . , . . (4) Does the 6th Amendment to the: United States Constitution require that "assistance of Counsel" be a standard that finds its femdation in Articles I-VII and the ‘ subsequent Amendments to the Constitution; or should Attorneys be allowed to set” their own "objective standard of reasonable coripetence," even if this,:in essence, ‘ . bars any criminal defendant from arguing that consel was ineffective for failing . to note the~proper. application of the United States Constitution in a manner not noted as’ “'preéédent" when counsel was representing the defendant i? (5) Having answered the above questions, is this<Courts decision in "Gamble" -consistent with the constitutional protection against. double jeopardy afforded in the 5th Amendment to the United States Constitution? . . SO , LISTOFPARTIES 2 oe {X] All parties appear in the caption of the case on the cover page. [ ] All parties do not appear in the caption of the case on the cover page. A list of all

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-08
Waiver of right of respondent United States to respond filed.
2021-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2021)

Attorneys

Brandon Mark Bjerknes
Brandon Mark Bjerknes — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent