Friday, July 29, 2011

redistricting

This is almost final draft of an amicus brief I am submitting to the Minnesota Supreme Court next Tuesday. The intent is getting the courts to subject their authority to the Constitution and force the legislature to do what they are paid to do, redistrict the state of Minnesota.

 

I am looking for others to place their John Hancock on the document along with me. If you are interested, the document is available for you to sign from Saturday morning 7/30 to Tuesday morning 8/2 at which time I will take the document and file in court.

 

 

 

 

 

Case Number: A110152

Jurisdiction: Supreme Court

Classification: Abbreviated Adversarial-Other-Other-Direct

Filing Date: 01/25/2011

Hearing Type: Special Term

 

Parties

 

Sara Hippert, et al.,

Petitioners

 

vs.

 

Mark Ritchie, Minnesota Secretary of State

and Robert Hiivala, Wright County Auditor

Respondents.

 

Amicus brief

 

“We the People” recognize the subordinate powers of the Legislative, Executive and Judicial branches of government enshrined in our Minnesota Constitution to “We the People” in the said preamble.   

 

Therefore: Said separations of powers as established by “We the People” in the Minnesota Constitution clearly restrict

influences of the three branches over one another.  

 

 

Therefore: The Federal Constitution requires enumeration of the national population and specifically provides the power to redistrict to the State Legislatures.  

 

As Established: Article 4, Section 3 requires the Legislatures to establish Congressional and Legislative districts, not the Executive or Judicial branches of state government. 

 

As Established: Article 4, Section 3 requires the legislature to produce a final redistricting plan to “We the People” prior to the end of the 2011 session. As such the Minnesota Legislature failed to comply with the Constitutional requirements of “We the People” during said session. 

 

As Established: Article 6 of the Minnesota Constitution that “We the People” established judicial limits of authority and provides “NO” Judicial oversight of the Legislative re-districting activities.   

 

As established: The Will of “We the People” clearly articulates Judicial exclusion of the matter before the courts on re-districting; no case law, precedents or Judicial review has application or authority to supersede the clarity and unapologetic direction of “We the People” of Minnesota enumerated in our State Constitution.‘ 

 

Conclusion: In keeping with “We the People” Constitutional Powers are supreme over our subordinate three branches of government; Therefore “We the People” strongly urge the Minnesota Supreme Court to post haste withdraw their involvement from any re-districting activity in Minnesota, based on the following direct Constitutional will of “We the People”, dismiss case number A110152 with prejudice and direct the Minnesota legislature to complete their constitutional responsibilities.       

 

 

 

 

The people of the state of Minnesota

Dated This 29th day of July in the year of our Lord 2011

 

 

 

 

 

Timothy David Utz

Candidate for Minnesota House 38-B in 2012

Fidelity to the Constitution

Restoring the Republic

This communication is private and not for consumption

by any third party or governmental authority. The 4th

amendment privacy rights under our Federal

Constitution are fully invoked with this communication

as specified in the original context and meaning of

December 15, 1791.



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