Quo warranto court cases in georgia

A writ of habeas corpus may be regarded as a subset of quo warranto , for cases where the claimed power is to hold a prisoner, but with the addition of a requirement to produce the prisoner in court, not just appear to present evidence of authority. The prerogative writ of quo warranto has been suppressed at the federal level in the United States, and deprecated at the state level, but remains a right under the Ninth Amendment, which was understood and presumed by the Founders, and which affords the only judicial remedy for violations of the Constitution by public officials and agents.

Here are a few writings on the subject. Revival of the writs must be combined with reviving standing for private prosecution of public rights, subverted by the " cases and controversies " doctrine and the decision in Frothingham v. Mellon , U. Although some of these writings are copyrighted, we are assured that all the chapters of all the ones still copyrighted have been attached to pleadings in various cases, and thus made part of the public record, thereby putting them into the public domain.

A critical key to achieving federal constitutional compliance is to resurrect quo warranto and other common law writs. This involves reasserting and strengthening the original All-Writs Act and repealing or declaring unconstitutional legislation, such as the Tax Anti-Injunction Act , and those Rules of Judicial Procedure, that have restricted the jurisdiction of federal courts to accept these writs and grant a fair hearing "oyer" and a decision on the merits "terminer" on such demands. Court Decisons U. Statutes U. Sections Reform Proposals Annotated Constitution. Constitutional Convention.

Bill of Rights History. Ratifying Conventions. The Federalist Papers.

Legal Nuts And Bolts: Quo Warranto

Antifederalist Papers. Declaration of Independence.

Rule of Law. Latin Maxims of Law. Robert's Rules. Constitutional Design. Constitutional Construction. Constitutional Action. Basic Principles. Founding and Founders. Rights, Powers and Unity and Federalism.


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