Brandon Mark Bjerknes v. United States
FifthAmendment DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
(1) Under Article I, section 3, Clause 1 of the United States Constitution, does the Senate, through its constitutional construction, link the State Governments directly to the Law making process in the Federal Government?
(2) If the law making process in Congress is the result of State Governmental representation, does the Executive Branch of the Federal Government violate the 5th Amendment to the United States Constitution, when it successively charges a conduct, already charged in the Sovereignty of a State)?
(3) Has Judicial Minimalism and the resulting Decision Minimalism by the court led to an improper application of the Constitution as a Whole in the Judicial Branch of the Federal Government?
(4) Does the 6th Amendment to the United States Constitution require that "assistance of Counsel" be a standard that finds its foundation in subsequent Amendments to the Constitution; or should Attorneys be allowed to set their own "objective standard of reasonable competence," even if this, in essence bars any criminal defendant from arguing that counsel was ineffective for failing to note the proper application of the United States Constitution in a manner not noted as "precedent" when counsel was representing the defendant?
(5) Having answered the above questions, is this Court's decision in "Gamble" consistent with the constitutional protection against double jeopardy afforded in the 5th Amendment to the United States Constitution?
Does the Senate's constitutional construction link state governments to the federal lawmaking process?