No. 19-5157

Ronald Ray Horner v. United States

Lower Court: Tenth Circuit
Docketed: 2019-07-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-i-section-8 circuit-court-jurisdiction constitutional-amendment due-process enrolled-bill-rule enumerated-powers expansion-of-legislative-power house-concurrent-resolution-219 legislative-power standing stare-decisis
Latest Conference: 2019-10-01
Question Presented (from Petition)

1) Usss-ues concerning Article I, Section 8 of the Constitution of
the United States of America:
a) Can Congress pass legislation that broadens and expands
Congress's power beyond those enumerated in the Constitution?
b) Can Congress pass legislation that does not
ing into effect one of Congress's enumerated powers?

2) Issues concerning Article V of the Constitution of
States of America:encompass carrythe United
a) Can Congress unilaterally expand its own legislative power
without going through the process of amending the Constitution?
b) Can a Circuit Court modify or nullify Constitutional mandates
or requirements?
c) Are Circuit Courts the Constitutionally authorized
recognized authority for amending the Constitution?
d) Can Congress, by legislation alone, modify standing as described,
outlined, expressed, and implied in the Constitution without
amending the Constitution?
e) Can the Secretary of State ignore the "Exception Clause" of
Article V of the Constitution and declare that
to the Constitution has been found validly enacted
though one or more States objected to the amendmentand
an amendment
even
as the
amendment would effect their "suffrage" in the Senate? A
direct violation of the "Exception Clause."

3) Issues concerning House Concurrent Resolution 219 (1947-48 80th
Congress) and Article I, Section 7, Clause 2 of the Constitution
of the United States of America:
a) Can Congress violate precedents established by the Supreme
Court to expedite passage of legislation that effects the
Public at large?
b) Can the Speaker of the House of Representatives and the
President of the Senate (or President Pro Tempore)
a bill that wasenroll
never presented to Congress in the way and
method required by the Constitution? Then, present that bill
to the President (of the United States) as if that bill had
passed by all of the requirements of the Constitution?
c) Can Congress ignore Constitutional mandates and requirements
when attempting to pass legislation?
d) Is a de facto government ever legitimate? Do the circumstances
that might make a de facto government legitimate currently
exist in the United States of America?

4) Issue concerning stare decisis: Are District, and Circuit Courts
required to follow precedents from their respective Circuits
the Supreme Court when deciding the cases brought before
them?

5) Issue concerning "due process" violations of the Fifth Amendment
to the Constitution of the United States of America: £an a
defendant in a criminal case be subjected to conviction and
punishment under a statute when the defendant was never indicted
by a Grand Jury for violating the statute?

Question Presented (AI Summary)

Can Congress expand its legislative power beyond the Constitution's enumerated powers?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-23
Waiver of right of respondent United States to respond filed.
2019-06-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2019)

Attorneys

Ronald Ray Horner
Ronald Ray Horner — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent