No. 21-5441

Brandon Mark Bjerknes v. United States

Lower Court: Eighth Circuit
Docketed: 2021-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment article-1-section-3 constitutional-construction double-jeopardy executive-branch federal-government federal-lawmaking judicial-minimalism senate-representation state-representation
Key Terms:
FifthAmendment DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-10-08
Question Presented (from Petition)

(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?

Question Presented (AI Summary)

Does the Senate's constitutional construction link state governments to the federal lawmaking process?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-08
Waiver of right of respondent United States to respond filed.
2021-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2021)

Attorneys

Brandon Mark Bjerknes
Brandon Mark Bjerknes — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent