Legislation particulars
by Robert Hedges ©


Export log production in KY | Congress createsremedies for constitutional deprivations| Judicial accountability and other interesting sites. | When Judges feel romantic| Proposed Congressional Bill defining Judicial Immunity |


The logger is a transient, who moves from woods to woods, seeking to make a living from the sale of trees. A logger will seek out trees which will sell to some mill, and remove these trees on his truck.

The high price tree, such as walnut, cherry, and white oak requires equal effort to fell, buck, load and haul as the lower price sycamore and beech tree. The trees which the transient logger cannot sell, or would only sell for a low price will be left in the woods, and the transient logger will move on to another woods, trying to make more money, by removing and selling the higher price tree, for the higher income.

The landowner is not transient. He has one woods to manage. The landowner wants to sell his low price trees and he wants to propagate the high price trees so he will have more of them to sell for his future production. Thus the landowner and the logger have different goals, which seem to clash.

The United States has a trade deficit today. The veneer logs from Kentucky are mostly sold in Japan and Europe. The sale of these expensive trees as export veneer logs help to balance the trade deficit. Kentucky needs more of these to sell. Demand increases as there are fewer trees to sell and foreign countries accumulate more trade dollars.

Kentucky has many unused acres, most of which are suitable for long term tree growth and the resulting production.

Trees can be cultivated on these unused acres, and over the long term, those trees will reverse the trend of leaving the low value and not-so-rare timber to reseed the hardwood forests which were seeded by random varieties before the logger arrived.

The law needs to protect the young investor who plants and cultivates high value trees on these unused Kentucky acres. The Kentucky Legislature is responsible for the codified common law of good-faith importer's liens leading to a vested constitutional and common law right to keep and ultimately harvest these improved acres.


The states have no power to grant or withhold [rights] on conditions that are forbidden by the 14th Amendment or any other provision of the Constitution. Katzenbach v Morgan, 384 US 641, (1966) Brennan J.
when recognized state violations of federal constitutional standards have occurred, Congress is of course empowered to take appropriate remedial measures - Harlan & Stewart JJ dissent.

We must examine the question of if the violation of jurisdictional limits in a state court are actually constitutional deprivations, which determinations are actually facts to be found by the jury (the factfinder). Thus the state judiciary must not be allowed to hide behind a blanket called "judicial immunity" which precluded the trial to find the facts of the constitutional deprivation. Because the several states do not uniformly protect the individual from this type of constitutional deprivation, I call upon Congress to do so. Congress is better able to adjust the conflicts and balance the national interest, than state courts which rely upon the common law for their judicial immunity. Congress may exercise legislative power even if the judiciary is not prepared to adjudge state [acts] unconstitutional . Morgan supra.


Kentucky Citizens for Better Judges


Alliance for Justice : Justice.


Robert Carp, UnivHouston, Court watcher.


Sheldon Goldman, Political Science, UnivMass. Judicial study.


Center For Judicial Accountability
Box 69 Gedney Station
White Plains, New York 10605
phone (914) 421 1200
Dorris Sassower, Director


United Citizens for Legal Reform
PO Box 21032, Albuquerque, NM, 87154
Voice-mail - 1 (800) 505-6555


Citizens for Legal Reform Dallas, TX

Adask's Anti-Shyster Newsletter

National Center for State Courts

Walter Olson of the Manhattan Institute


National Alliance for Family Court Justice,
Sharon Ruddy, Northeast Director
fax - 718.833.2567


Americans for Legal Reform,
Long Island Chapter
PO Box 214, Huntington Station, NY 11746-0214
phone - 516.777.7307


Judicial Watch
Larry Kayman
Washington DC


New Jersey Council for Children's Rights, NJCCR
PO Box 316, Pluckmin, NJ 07978-0316
phone - 201.694.9323


Civil Rights Task Force
Frank Pepper, Admin.
Freemont, TX
phone - 510.551.7678


People against Corruption & Tyranny = PACT
c/o 460 1/2 Alden St, Orange NJ, 07050


One Constitutional Reform Movement w/ a printed published list of suggested changes.


Anti-Shyster



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Last modified: April 1997