Atty_ Isidoro Rodriguez to VA State Reps

Greetings,

  As an active practicing federal litigation attorney for more than 33 years, I assert that the public must act to stop the continued abdication of the duty of the Legislative Branch to investigate abuse of Congress' delegated authority by the collusion of the Executive Branch with the Judicial Branch.

    As you will recall from your U.S. History courses, Chief Justice John Marshall in Marbury v. Madison, 137, 140 (1803), displayed a brilliance in deductive logic, when confirming that impartial judicial review is a constitutional imperative--by pointing out certain fundamental principles of our constitutional system:  first, that the people had united to establish a limited government; second, that they organized it into three departments and assigned certain powers to each, while at the same time setting limits to the exercise of those powers; and, third, these limits were expressed in a written constitution, which would be a useless document “if these limits may, at any time, be passed by those intended to be restrained.” Id. at 140.

    Consequently, because the Constitution is “a superior paramount law,” the limits on government power generally, and the specific limits of power each branch–may not be changed by either executive, legislation or judicial fiat.

    As the noted scholar Oliver P. Field, suggested this is a historical concern of Americans over excessive authority asserted by either a tyrannical executive, legislative, or judicial branch in violation of the rights of individuals protected by the Constitution.1  Thus, Field explains that whereas the Constitution prohibits the legislature and executive from overstepping their limits, the courts came to regard themselves as the ultimate guardians of individual rights.  Any act that invaded these rights and limits on the government power was to be judged unconstitutional and treated as though it never existed.

    However, what has occurred, in response to both the Civil Rights Acts of the 1960's and Watergate legislation of the 1970' has been a collusion by the Executive Branch and the Judicial Branch during the past 34 years under Chief Justices Burger, Rehnquist, and now Roberts, to usurp legislative authority through abusing delegated authority of Congress under the Rules Enabling Act and the Judicial Conference Act.

    Consequently, the courts-both federal and state- have through their rules all but done away with access to an impartial court, and independent bar form the influence of legal cronyism, abused summary judgment proceedings to all but do away with jury trials in civil action, and hold that both the Executive and Judicial Branch are absolutely immune from a private citizens suit for either criminal or tortious acts –even when they are guilty of violating their oath to uphold the Constitution and protect the people from government malfeasance.  This in addition to the fact that federal judges have life tenure in office.

    The public no longer can hold the Judicial Branch and Executive Branch accountable for malfeasance.

    In summary what has come to pass as the Rule of Law is exactly what  Thomas Jefferson, foretold in his statement that: "The germ of destruction of our nation is in the power of the judiciary, an irresponsible body - working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated."

    It is for this reason that representatives in Congress must now act to assure the balance of power between the branches of government.

Isidoro Rodriguez, Esq., Member of the Bar of the U.S. Supreme Court since September 11, 1992

7924Payton Forest Trail, Annandale, Virginia 22003-1560, Telephone: 571.423.5066, E-Mail: isidoror@EarthLink.net

1See Erica Frohman Plave, The Phenomenon of Antique Laws: Can a State Revive Old Abortion Laws in a New Era?, 58 Geo. Wash. L. Rev. 111 (1990). See also Kole v. City of Chesapeake, 439 S.E.2d 405, 408-09 (Va. 1994).