Whether Section 25 of the Judiciary Act of 1789 violates the Constitution

QUESTIONS PRESENTED 1. At oral argument, did the three Justices at the US Court of Appeals for the Second Circuit say that this case has “profound legal and Constitutional issues that the US Supreme Court has to decide”? Answer: Yes. (in archive audio of oral argument) 2. Ifthe roots of the tree are poisonous, then the tree branches and fruit are also poisonous. Therefore, is it true that if Section 25 of the Judiciary Act of 1789 violates the Constitution, then 28 U.S. Code § 1257 and Rooker-Feldman also | violate the Constitution? Answer: Yes. (see point #3) 3. Does Section 25 of the Judiciary Act of 1789 violate Article I Section 8 Clause 18 | the Necessary and Proper clause of the Constitution? Answer: Yes. (see point #3) | a. How? SCOTUS is overwhelmed with over 7,000 appeals per year. It limits, obstructs and prevents SCOTUS and the Judicial branch from fulfilling its enumerated power of appellate judicial review of state court rulings. 4. The Constitution empowered Congress to create “inferior” courts. Is it true the Framers did not empower Congress to violate the Constitution, nor alter its checks and balances, when enacting legislation for the Judicial branch? Answer: Yes. (see #3) 5. Is it a violation of the Constitution for SCOTUS and the Judicial branch to create their own doctrine (i.e. Rooker-Feldman) that limits, obstructs or prevents them from fulfilling their own enumerated powers? Answer: Yes. (see point #5) | 6. Is it a violation of the Constitution for any branch of government to limit its own : enumerated powers without a constitutional amendment? Answer: Yes. (point #5) 7. In Federalist No. 82, did Alexander Hamilton write the following? Answer: Yes. (see point #11) a. “But could an appeal be made to lie from the State courts to the | subordinate federal judicatories? This is another of the questions which | have been raised, and of greater difficulty than the former. The following : considerations countenance the affirmative.” 8. Did Brutus point out in Federalist No. 78 that the Constitution did not provide an | effective mechanism for controlling judicial caprice? Answer: Yes. (see point #11) | 9. Is Marbury v. Madison (1803) correct? Answer: Yes. (see point #12, #22) a. “If he has a right, and that right has been violated, do the laws of his country | afford him a remedy? The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, Page 2 of 73 whenever he Woes an injury. One of the first duties of government is to afford that protection.” 10. Are there historic examples of the judicial branch correcting injustices in the court system to level the playing field for Pro-Se and IFP litigants? Answer: Yes. (#14, #25) a. What are they? Right to Counsel, Miranda Rights, and In Forma Pauperis. 11. Would Dred Scott, Homer Plessy, and Fred Korematsu be blocked today by Rooker-Feldman from federal district court review and justice if those were rulings from the highest state courts prior to starting a federal court case? Answer: Yes. (#15) 12.Review by SCOTUS by means of a writ of certiorari is not a matter of right, but of judicial discretion. Isn't it true that SCOTUS is overwhelmed with appeals and cannot hear many cases that deserve federal judicial review? Answer: Yes. (see point #15) 13, Federal district courts are denied judicial discretion and review due to Rooker-Feldman. Is that similar to giving plenary power to state courts against Pro-Se and IFP litigants who do not know the judicial system rules and procedures? Answer: Yes. (see point #11, #16, #22) 14. Does it violate the Constitution when government agencies use “fruit of the poisonous tree” ? Answer: Yes. (see point #19, #21) 15. If you give the government a sword and a shield to use against litigants, then is it required by the Constitution to give that same sword and shield to those litigants so , they can defend themselves in court? Answer: Yes. (see point #14, #16, #19) 16. Is