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Petition to prevent federal courts from striking down local, state, and federal laws that prohibit the creation, distribution, or consumption of child pornography
Petition: The undersigned hereby petition that Congress amend the "All Writs Act" to remove statutory warrant from any writs that may henceforth be issued by federal courts for purposes of preventing the enforcement of local, state, and federal laws that forbid or restrict the creation, distribution, or consumption of any type of child pornography, except in cases where the said local or state laws happen to be in conflict with federal statutes.
Commentary: The purpose of the proposal embodied in this petition is to prevent federal courts from using writs to implement SCOTUS' ruling in a case known as "Ashcroft v. Free Speech Coalition" which declared that animated child pornography is protected speech under the 1st Amendment.
The All Writs Act (US Code: Title 28 > Part V > Chapter 111 > § 1651), reads as follows:
(a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
(b) An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.
Since federal courts lack constitutional warrant to issue writs for purposes of making their rulings binding under law, they have to rely on statutory warrant (i.e. laws passed by Congress) for authority to issue writs. Accordingly, Congress has the power to restrict the use of writs by courts by withholding statutory warrant from writs that are used for specific disapproved purposes. |
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Andrew W. Pollock III
http://www.popularsovereignty....
Popularsovereignty.org is dedicated to the principle that the only legitimate government is that which derives its authority from the consent of the governed. |
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