POTUS v SCOTUS President Of The U.S. versus Supreme Court Of The U.S. PART I

April 28th, 2017|0 Comments

 

POTUS v SCOTUS

President Of The U.S. versus Supreme Court Of The U.S.

PART I

We read, hear and see in the news stories about President Trump not appreciating decisions of judges. Depending on the source, these stories present an unreasonable position by POTUS or by the judges. The impression of many seems to be that this is something new – that happens when people generally no longer have an interest in history.

A lack of historical knowledge is dangerous. As George Santayana stated in 1905: “Those who cannot remember the past are condemned to repeat it.” He may have had a more ancient author in mind: “What has been will be again, what has been done will be done again; there is nothing new under the sun.” Ecclesiastes, 1:9. In December of 2016, George Washington University announced that those seeking a degree in history need not take any courses relating to U.S. history.

The U.S. Constitution sets out the powers of the President in Article II with little specificity. They knew who the first President would be – George Washington – in whom they had complete trust and knew would establish reasonable precedents for the office. President Washington did not let them down.

It took very little time after President Washington before other Presidents began to exercise extraordinary power causing them to come into conflict with the Supreme Court. The powers of the Supreme Court are found in Article III of the U.S. Constitution and have only a little more specificity that what […]

POTUS v SCOTUS President Of The U.S. versus Supreme Court Of The U.S. PART II

April 27th, 2017|0 Comments

 

POTUS v SCOTUS

President Of The U.S. versus Supreme Court Of The U.S.

PART II

In Part I, we discussed the history of Presidential disputes with the Supreme Court of the United States. Also in Part I, there was a reference to a total complete impasse between POTUS and SCOTUS during the Presidency of Andrew Jackson – that dispute is the subject matter of this Part II.

What we will be leading up to is a dismal event in the history of the United States – one which almost everybody is aware: The Trail of Tears. First we’ll cover a few historical highlights leading up to that event.

The Cherokee had occupied the lands of northern Georgia for centuries before the events leading up to their removal from the area.

Georgia was the fourth state admitted to the Union, January 2, 1788 – Delaware was first on December 7, 1787. In 1802 the Georgia legislature passed the Act of Cession (not succession) recognizing Indian nations’ right to their territory and that changes could only occur through negotiations with the U.S. government.

Beginning in the 1820s Georgia began working to remove the Indians of the Cherokee Nation from northern Georgia and redistributing the land. The Cherokee resisted these efforts and had many who were sympathetic with them. They built Anglo style town, created their own constitution and had their capital at New Echota – near present day Calhoun.

Among those who sympathized with the […]

Personal Injuries and Divorce

December 16th, 2016|0 Comments

business-planning

“Well, I got injured and did all the suffering – it’s my money.”

Wrong!

Sounds simple, should be simple, but so long as we have legislators, judges, attorneys and husbands and wife going through the emotional turmoil of a divorce, nothing is going to stay simple for long.

First we’ll take a brief look at how the property pie has been divided and what those pieces represent. We’ll not be specifically talking about personal property versus real property. Here when we say personal, we’re just talking about the person – the human being.

Separate property is that property that belongs to just one of the spouses. E.g. Six years into a marriage, husband buys a sports car and he’s the only one that drives it, maintains it, calls it his own and even named it “Streak.” Another six years go by and it’s divorce time – too much fun with Streak on Saturday nights. Husband’s separate property, right? Wrong!

Marital property is that property that belongs to both the husband and wife. E.g. A couple gets married – they both have about the same salaries and divide up all living expenses. Included in the wife’s share are all the bills for the house that she had inherited. They share all day to day expenses. He does all his household chores including the yard work. They’re happily married for 20 years and then wife falls in love with the computer tech and its divorce time. The house is marital property, right? Wrong!

Separate property is that which is completely identified to one of the spouses. Such property could be anything that one spouse brought into the marriage that the other spouse never touched, e.g. an investment account held separate from all other marital finances.

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