Thursday, March 17, 2011

Just how long will it take the asinine governors of Wisconsin and Michigan to get one of their children to read to them…

posted by Bill Arnett @ 1:14 PM Permalink

…just this one teeny-tiny section of the Constitution that says:
Article 1

Section. 10.

Clause 1: No State shall…pass any… Law impairing the Obligation of Contracts…"
So much for trying to go all Rambo with unions and any other groups of persons the Great Pissant Governors wish to cancel contracts with willy-nilly and silly Chicken Little, "The sky is falling!" method of government.

In regards to being able to appoint anyone the governor pleases to void contracts, and force cities and municipalities into bankruptcy, perhaps they could again beseech their children to read this small explanation from Wikipedia:
United States Bankruptcy Courts are legislative courts which were created under Article I of the Constitution. They function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. Because the federal district courts have original and exclusive jurisdiction over all cases arising under the bankruptcy code, (see 28 U.S.C. § 1334(a)), bankruptcy cases cannot be filed in state court. Each of the 94 federal judicial districts handles bankruptcy matters. The current system of bankruptcy courts was created by United States Congress in 1979.

The bankruptcy judges in each judicial district in regular active service constitute a "unit" of the applicable United States district court (see 28 U.S.C. § 151). The bankruptcy judge is appointed for a term of 14 years by the United States court of appeals for the circuit in which the applicable district is located (see 28 U.S.C. § 152).

Technically, the United States district courts have subject matter jurisdiction over bankruptcy matters (see 28 U.S.C. § 1334(a)). However, each such district court may, by order, "refer" bankruptcy matters to the bankruptcy court (see 28 U.S.C. § 157(a)). As a practical matter, most district courts have a standing "reference" order to that effect, so that all bankruptcy cases in that district are handled, at least initially, by the bankruptcy court. In unusual circumstances, a district court may in a particular case “withdraw the reference” (i.e., take the case or a particular proceeding within the case away from the bankruptcy court and decide the matter itself) under 28 U.S.C. § 157(d).

The overwhelming majority of all proceedings in bankruptcy are held before a United States bankruptcy judge, whose decision in all matters is final, subject to appeals to the district court. In some judicial circuits, appeals may be taken to a Bankruptcy Appellate Panel ("BAP").

The Federal Rules of Bankruptcy Procedure (FRBP) govern procedure in the U.S. bankruptcy courts.

Decisions of the Bankruptcy Courts are not collected and published in an official reporter produced by the government. Instead, the de facto official source for opinions of the Bankruptcy Courts is West's Bankruptcy Reporter, published privately by Thomson West.
In other words, bankruptcies are heard within the exclusive purview of federal and not state courts.

Golly gee Aunt Whiz, I spent a backbreaking ten minutes to completely blow apart the titular fiefdoms Governor Jerk of Wisconsin and Governor Off of Michigan wish to establish.

Does anyone reading these words TRULY believe that the Federal Courts are going to give up a single iota of their authority based upon the clearly unconstitutional and cartoonish order of overreaching governors?

I think not.

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