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Judge Rules Administrative Court System Illegal After 81 Years

martin armstrongArmstrong Economics – by Martin Armstrong

Well it has been a long time coming, but all along there have been discussions behind closed doors (never in public) that the Administrative Law Courts established with the New Deal were totally unfounded and unconstitutional. With the anniversary of Magna Carta and the right to a jury trial coming up on June 15 after 800 years, the era of Roosevelt’s big government is quietly unraveling.  

A federal judge’s ruling against the Securities and Exchange Commission for using its own Administrative Law judges in an insider trading case is perhaps the beginning of the end of an alternative system of justice that took root in the New Deal. Constitutionally, the socialists tore everything about the idea of a Democracy apart. It was more than taxing one party to the cheers of another in denial of equal protection. It was about creating administrative agencies (1) delegating them to create rules with the force of law as if passed by Congress sanctioned by the people; (2) the creation of administrative courts that defeated the Tripartite government structure usurping all power into the hand of the executive branch, as if this were a dictatorship run by the great hoard of unelected officials.

Not discussed in the coverage of this story is that the Administrative Law Courts are a fiefdom, to put it mildly. They have long been corrupt and traditionally rule in favor of their agencies, making it very costly for anyone to even try to defend themselves. If someone were to attempt this feat, first they have to wear the costs of an Administration proceeding and appeal to an Article III court judge, then they must appeal to the Court of Appeals, and finally plea to the Supreme Court. The cost of such adventures is well into the millions, and good luck on actually getting justice.

Furthermore, Administrative Law Courts cannot sentence you to prison, but they can fine you into bankruptcy. So the lack of a criminal prosecution meant the judges did not have to be lawyers. They could be anyone’s brother-in-law looking for a job where he just rules in favor of the agency not to be bothered with law. Unless the victim has a pile of money, there is no real chance that he or she can afford to defend themselves. This is why the agencies cut deals with the big houses and prosecute the small upstarts who lack the funds to defend themselves.

In a 45-page ruling, U.S. District Judge Leigh Martin May in Atlanta issued an injunction halting Administrative Law proceedings against Charles Hill, a businessman who the SEC accused of reaping an illegal $744,000 profit trading in Radian Systems stock. This is typical. The legal fees involved will exceed the amount of money he is alleged to have made, the typical result is to just pay the fine and they go away, it is cheaper.

The judge ruled that the SEC agency violated the Appointments Clause of the Constitution by subjecting Hill to proceedings before an Administrative Law judge, who isn’t directly accountable to the president, officials in charge of the SEC, or the courts under Article III. The ruling is 81 years overdue. The entire structure of administrative agencies blackmailing people has been outrageous. Then you take the banks who just entered a plea of CRIMINALLY guilty to manipulating markets. They are now formally FELONS who engaged in violating SEC rules and thus under the SEC rules, they are no longer eligible for a banking license. The banks are “too big to jail” and the SEC has waived their own rules, of course, to exempt the banks. So they can engage in fraud and manipulation, get caught, pay billions in fines, and the SEC exempts them from losing their licenses. This is how corrupt the administrative agencies really are.

Lilburne-Pamphlet

This new decision calling the Administrative Law Courts what they really are is reminiscent of the notorious extrajudicial proceedings of the Star Chamber operated by King James I. The court of Chancery set up outside of the King’s Bench, so there were no trials by jury. It had the same purpose, to circumvent the law. This is where our Fifth Amendment privilege came into being. That came about following the trial of John Lilburne (1615-1657) for handing out a pamphlet the government did not like.

The Miranda v Arizona 384 U.S. 436 (1966) decision of the Supreme Court came only after decades of abuse by American police against citizens, not unlike what we are watching today. The Miranda decision is hated by police, prosecutors, right-wing judges, politicians, and citizens. The decision is based upon the history of the right not to be coerced that began with the famous trial of John Lilburn before the English court of the Star Chamber in 1637 where he stood tall and objected to the King’s torture. Lilburn’s crime was handing out pamphlets against the king. John Lilburne (1615–1657) was a leader in the Leveller Movement of the 1640s and was a prolific pamphleteer who defended religious and individual liberty of the people. He was imprisoned many times for his views and was active in the army of the New Parliament rising to the rank of Lieutenant Colonel. In October 1649, he was arrested and tried for High Treason for printing and circulating books and pamphlets critical of the government but was acquitted of all charges by a jury of his peers.

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8 Responses to Judge Rules Administrative Court System Illegal After 81 Years

  1. Jolly Roger says:

    “….perhaps the beginning of the end of an alternative system of justice that took root in the New Deal.”

    Perhaps this ruling was only passed down and publicized to give people hope in the mythical system of “checks and balances”.

    The public’s faith in the justice system is the ONLY thing saving these crooks from the noose, so they have to preserve that by throwing us a bone of justice to chew on once in a while.

    I don’t believe it. I don’t think we’ll ever see anything resembling justice until we first see a lot of people hanging from tree limbs.

    • chris says:

      I had to go to court a total of 9 times for a no DL, no insurance and faulty equipment. They simply won’t let it go to a Jury, Judge had no confidence the prosecutor could even make a case against me (I’ve been on this site probably 12-13 years? Maybe? Yall have brainwashed me into fighting for peoples rights with the word and utter conviction) Finally we agreed I would get a DL and all charges would be dropped. They did all their usual tricks, made me miss court, put out a warrant like I was a real criminal, marched me up in orange and shackles, then a whole courtroom saw a man argue and win. The argument ended for me when she called me a sovereign citizen, at that point I might have well been arguing with a monkey. You know the Judge was a lesbian? I don’t have to even tell you that right? They did not want me asking where our rights to FREE travel went to a Jury. My argument was real good, they give you PLENTY of time before your speedy trial to prepare. I invoked that I was an enlightened man! That was my defense!! Licentiousness is only for the immoral.

    • mary says:

      ditto that Jolly

  2. TheRev says:

    Correct me if I am wrong…All this judge did was rule against Administrative courts. That is not the same as ruling against Admiralty Courts is it?

    • Ed says:

      Rev, First, the administrative courts are not true admiralty or martime courts, neither do they have that jurisdiction. This is a modern day patriot myth. The administrative courts were created by the “New Deal” implied contract and was never given any boundaries as to rules they must follow Therefore, they created their rules by taking rules from any other courts they felt necessary to their court process. They even took some rules from the courts of admiralty and martime. The martime and admiralty courts ruled only on issues dealing geographically from the low to the high water marks of the sea. To answer your question, this new U.S. District Court ruling virtually bars the administrative courts from being administrative courts any longer and must go back to common law jurisdiction article III law courts governed by the organic 1789 Constitution and the laws enacted thereto. Really, though this issue needs to be adjudicated in the federal appelate courts to put the last nail in their coffin! This ruling will only reach to a limit.

      • Henry Shivley says:

        True, the administrative courts were created via contract, but we the people were reduced to property, hence commercial product via the bankruptcy of 1933 and the distorted, treacherous Title 50, and the enforcement for these administrative courts is military as it funnels down from the Executive Branch.
        And I don’t believe this ruling will change anything or there would already be dead bodies piling up all around it. Do you know the kind of wealth you are talking about here? The communists are no sooner going to stop taking that wealth than they are going to stop carting off our natural resources to the tune of trillions.
        Anybody who thinks we are getting out of this without a fight, I tell you as a person who’d have never wanted the kind of mayhem and violence that is coming if there was any other way, there isn’t any other way.

  3. LibertyNow says:

    Democracy? Fifth Amendment PRIVILEGE?

    Very interesting article; sounds like very good news. Perhaps this is due to the pressure from National Liberty Alliance’s grassroots efforts to stop the utter judicial corruption and put OUR common law back in OUR courts, making them, once again, legitimate courts of record instead of the equity/administrative/admiralty/chancery charades that they have become. They might have taken rules from here or there BUT the Constitution that was written to bind all of our servants to their specific jobs says in no uncertain terms that our courts are to be courts of record = common law courts. It doesn’t matter what these liars and frauds say, they have NO jurisdiction–never did, never will.

  4. yes, they fine you into oblivion, just to take your cash, then they leave you to the sharks. $$$ a antchrist trinity like the oblesik. To screw you out of real religion. And then, when they cannot eat anymore, they give them food stamps. Fake Charity. Just to keep the pale of crap turning over. I myself, do not call that, “for the people” I call it murder on the orient of GW Bush. After all, his nazi under seige family is why they run with their tail between their legs, never doing a dam thing about it… Shuv your FCC up your ass hole United States gov, we are not going to comply with your bull shit against the true US Constitution any longer. Spam my eye. But will so shoot to kill….. GET THAT IN YOUR STUPID QUEER ANTICHRIST HEAD You ROTTEN DEVIL. For even God kills people…. IS that why you took the Bible out of those courtrooms? To eliminate real law….

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