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Is this proof administrative hearings are not binding?

SCOTUS and other courts of Appellate Jurisdiction, cases and opinions

Is this proof administrative hearings are not binding?

Postby country_hick » Tue Aug 16, 2016 2:01 pm

Burnham v. Superior Court of Cal., County of Marin, 495 US 604 - Supreme Court 1990
https://scholar.google.com/scholar_case ... t=10000006


II
A
The proposition that the judgment of a court lacking jurisdiction is void traces back to the English Year Books, see Bowser v. Collins, Y. B. Mich. 22 Edw. IV, f. 30, pl. 11, 145 Eng. Rep. 97 (Ex. Ch. 1482), and was made settled law by Lord Coke in Case of the Marshalsea, 10 Coke Rep. 68b, 77a, 77 Eng. Rep. 1027, 1041 (K. B. 1612). Traditionally that proposition was embodied in the phrase coram non judice,*before a person not a judge" — meaning, in effect, that the proceeding in question was not a judicial proceeding because lawful judicial authority was not present, and could therefore not yield a judgment. American courts invalidated, or denied recognition to, judgments that violated this common-law principle long before the Fourteenth Amendment was adopted. See, e. g., Grumon v. Raymond, 1 Conn. 40 (1814); Picquet v. Swan, 19 F. Cas. 609 (No. 11,134) (CC Mass. 1828); Dunn v. Dunn, 4 Paige 425 (N. Y. Ch. 1834); Evans v. Instine, 7 Ohio 273 (1835); Steel v. Smith, 7 Watts & Serg. 447 (Pa. 1844); Boswell's Lessee v. Otis, 9 How. 336, 350 (1850). In Pennoyer v. Neff, 95 U. S. 714, 732 (1878), we announced that the judgment of a court lacking personal jurisdiction violated the Due Process Clause of the Fourteenth Amendment as well.

To determine whether the assertion of personal jurisdiction is consistent with due process, we have long relied on the principles traditionally followed by American courts in marking out the territorial limits of each State's authority. That criterion was first announced in Pennoyer v. Neff, supra, in which we stated that due process "mean[s] a course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the protection and enforcement of private rights," id., at 733, including the "well-established principles of public law respecting the jurisdiction of an independent State over persons and property," id., at 722. In what has become the classic expression of the criterion, we said in International Shoe Co. v. Washington, 326 U. S. 310 (1945), that a state court's assertion of personal jurisdiction satisfies the Due Process Clause if it does not violate " `traditional notions of fair play and substantial justice.' " Id., at 316, quoting Milliken v. Meyer, 311 U. S. 457, 463 (1940). <snip>

It goes on to declare that being in a state for 3 days should create jurisdiction.
There is a reason that LEO has a new meaning: Legally Entitled to Oppress. Thanks to Bob Livingston for this one.

Williams v. United States, 341 US 97 - Supreme Court 1951
It is the right of the accused to be tried by a legally constituted court, not by a kangaroo court.

Penhallow v. Doane's Administrators, 3 US 54 - Supreme Court 1795
Judges may die, and courts be at an end; but justice still lives, and, though she may sleep for a while, will eventually awake, and must be satisfied

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Re: Is this proof administrative hearings are not binding?

Postby BOBT12 » Tue Aug 16, 2016 3:42 pm

it's all voluntary!"Don't Volunteer...: UNTIL YOU KNOW!" by Jay Evenson
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."-- Thomas Jefferson

”The principles contained in the Declaration of Independence are saving principles. Stand by those principles; be true to them on all occasions, in all places, against all foes, and at whatever cost.” –Frederick Douglass.

"The great object is that every man be armed. Everyone who is able may have a gun."- Patrick Henry

"Rebellion to tyrants is obedience to God."- William Penn;Thomas Jefferson's personal seal, attributed to the judges who executed King Charles I for crimes against the people.

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Re: Is this proof administrative hearings are not binding?

Postby lostandfound » Tue Aug 16, 2016 6:15 pm

You did get that one after all?

He really nails it down,where you might have operated in educated suspicion.

Love that guy!
Last edited by lostandfound on Thu Aug 10, 2017 3:06 pm, edited 1 time in total.
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Re: Is this proof administrative hearings are not binding?

Postby BOBT12 » Tue Aug 16, 2016 6:46 pm

I got it when you first posted it, I marked it up, added notes, and read it a couple of times. I also have Evenson's earlier book, "Break the Rules and WIN". Good find. :lol:
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."-- Thomas Jefferson

”The principles contained in the Declaration of Independence are saving principles. Stand by those principles; be true to them on all occasions, in all places, against all foes, and at whatever cost.” –Frederick Douglass.

"The great object is that every man be armed. Everyone who is able may have a gun."- Patrick Henry

"Rebellion to tyrants is obedience to God."- William Penn;Thomas Jefferson's personal seal, attributed to the judges who executed King Charles I for crimes against the people.

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Re: Is this proof administrative hearings are not binding?

Postby lostandfound » Thu Aug 10, 2017 3:09 pm

He has more that may be worth a look.

Read the Damn directions, the constitution.

Or some title like that!
"None are more hopelessly enslaved than those who falsely believe they are free. The truth has been kept from the depth of their minds by masters who rule them with lies. They feed them on falsehoods till wrongs look like right in their eyes." ~ Johann Wolfgang von Goethe

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