THE MYTHOLOGY OF CONSTITUTIONAL GUARANTEES
Patent Cases - Eminent Domain Cases
CA Appeal Court - CA Supreme Court - US Supreme Court
Web Posts - Petitions Denied Without Opinion
INTRODUCTIONThe biggest threat to America is the judicial system. This system advertises the Constitution and rule of law but, unless a case is in the public eye, it rarely practices what it preaches. State and Federal Appeal and Supreme Courts are discretionary courts available only to government and the dominant corporate interests. No law is passed by the legislatures unless written to benefit the dominant interests except laws that mitigate broad public unrest. The system is designed to extract privileges and wealth from working people. We the People have no lobby in Washington with funds lubricating the political class which also takes our taxes. Originally an engineering and entrepreneur society America has morphed into a legal one with lawyers, judges and politicians serving the dominant interests. For all practical purposes, the innocent citizen, especially patent owners and property owners, are stripped of their constitutional rights and the rules of law are subject to the arbitrary discretion of corporatist judges. There is no accountability and judges who violate citizen's rights escape meaningful reviews. The system is designed to settle government issues and corporate disputes. Government and corporate litigants are interested in money not justice. All they need is a court judgment paid for by the taxpayer and stockholder. Ordinary citizens who believe in the Constitution and seek justice cannot afford high cost lawyers and litigation and necessarily give up their constitutional rights to escape America's due process. In my cases, I lacked funds so I represented myself. What I found out was that the courts were rubber stamps for the government and corporate interests. In court, government and corporate lawyers made arguments which the judges approved without looking at the law, the facts or both. Two of my patents were found invalid without deciding my claims of patent infringement raised in my complaint. My remaining federal patents were taken illegally under California laws for nonpayment of attorneys fees incurred by my corporate opponents. My land was taken by precluding me from testifying and offering evidence of value of my property.
In this page I will summarize my 25 years still on going experience in federal and state courts in which my business opportunities were shut down when my patents were put under secrecy orders for which the government refused to pay compensation, and I lost my investments and my company and I was precluded from competing in an industry now known as the computer industry. After being crushed by government secrecy orders, corporate interests got their chance. I lost 2 patents filed in federal court which I claimed were infringed by a host of large corporations and I lost 20 patents after being forced into bankruptcy for payment of attorney's fees claimed by my corporate adversaries. My only act was going to court for patent rights expressly guaranteed by the Constitution. Next, the State got its chance. I lost my land taken by the State of California under eminent domain without just compensation expressly guaranteed by the Constitution. In all my cases, I relied on my constitutional rights and the rule of law which the courts refused to apply. In my patent cases, the courts refused to hear my claims of patent infringement by large corporations. And, in my eminent domaind cases, the courts precluded me from testifying. The courts were mere rubber stamps for the mega corporations and the State. I was sanctioned, precluded from making my claims and even appearing in court, and I was forced into bankruptcy for attempting to litigate what was supposed to be my federal patent and property rights. In both my patent and property cases, the courts simply rubber stamped every paper submitted to them by my patent infringers and by my property condemners. The discretionary courts of appeal and the Supreme Court denied my petitions, to review the lower courts arbitrary decisions, without opinions. Court practice is that 99% of appeals are ordered not for publication or denied without opinion, and with jury nullification. I will not go into great detail but will simply provide a summary and links to my cases and some of my briefs. The lower courts tossed my cases, and the higher courts I relied upon to protect my property rights refused to answer questions presented. My intent is to put my cases on the internet as my proof of the mythology of constitutional guarantees and rule of law.
PATENT CASES http://www.coolissues.com/patentcases/abusingpatentholders.html
This simple constitutional mandate is transformed into an assemblage of laws and rules whose sole purpose is to insecure patents. No law is passed in Congress that does not benefit the government or its corporate sponsors. The author's Kafkaesque involvement with secrecy orders and litigation of patents started in 1985 and lasted through 2001.
The author's 2 patents were put under secrecy orders and another 2 patents were declared invalid by the federal courts. However, the law requires compensation for secrecy orders and infringement claims are to be heard before invalidity defenses are made. The author was denied compensation and precluded from arguing his patent infringement claims before corporate infringers asserted invalidity of patents. Although patents are federal grants, the author's remaining 20 patents were confiscated under State laws by the bankruptcy court for payment of the corporate infringer's attorney fees.
For Questions Presented in the U. S. Supreme Court and denied by that court without opinion see
EMINENT DOMAIN CASES http://www.coolissues.com/patentcases/abusinglandowners.html
This simple constitutional mandate is transformed into an assemblage of laws and rules whose sole purpose is to confiscate private property. No law is passed in Congress that does not benefit the government or its corporate sponsors. The author's Kafkaesque litigation of property started in 2001 and is still ongoing through 2010. In commercial transactions property value is determined within days.
The author's property was taken for $97,064, a small fraction of the author's demand for $4,112,114 supported by actual sales and appraisals. However, the author was denied compensation and unlawfully precluded from testifying and offering evidence of the value of his land.
For Questions Presented in the California Court of Appeal and wrongfully denied by that court with and without opinion see
For Questions Presented in the California Supreme Court and denied by that court without opinion see
For Questions Presented in the U. S. Supreme Court and denied by that court without opinion see
The author's constitutional rights to have secure patents and just compensation for property taken by government have been nullified by a corrupt judicial system. The author has lost his business, investments and all his patents and private property in the Kafkaesque judicial system. He lost 2 patents declared invalid, has lost 20 patents unlawfully for payment of corporate infringers attorney's fees, and has lost his land for pennies on the dollar. The issue here is not the loss but the absolute and repeated failure of the courts to explain why the loss conforms with the constitutional requirements. The author made 16 petitions to the federal and state supreme courts. All 16 petitions were denied without opinion. One will never know about the reasons petitions were denied and, to heap insult upon injury, the petition denials are used by the lower courts as laws of the land. The author also made 10 appeals to California courts 5 of which were denied without opinion. The main case E044802 was consolidated with cases E045320 and E046012 and all were denied and the opinion was ordered not to be published. This means that the judges cannot vouch for the decision's legality. At this writing, cases E049886 and EO49988 are still in progress. The author's experience with the justice system is like David's experience with Goliath, except David's hands were tied behind his back by corporate judges before his fight with Goliath began. In my patent cases, against written law, the courts rubber stamped corporate defenses of patent invalidity without looking at my patent claims of patent infringement. In my eminent domain cases, against written law, the courts rubber stamped government claims and precluded me from testifying and offering evidence of value of my property. For citizens, property rights in America are dead. Corporate America has taken our rights and left us with a Chesire cat Constitution.
Citizens have surrendered their rights to the corporate state and its corrupt judicial system. They believe that the Constitution guarantees their rights and that they will be afforded due process and justice when they go to court. Those that do go to court find otherwise. The magic pull of the Constitution stops at the court steps. Patent and property rights are nullified by judges who rubber stamp government and corporate interests. The courts respond to government and corporate not individual interests. One might ask why the present author has endured such abuses over the years, The answer is simple. One has two choices to shoot the judges and kill the lawyers as Shakespeare said long ago or to fight the system within its own laws. Clever corporate lawyers do this all the time. There never has been a popular movement that would justify violence and acting individually would only result in jail time and death as well as loss of property. The easier choice was to avoid the courts and settle promptly or bear the heavy burdens of litigating. After all, the system had granted patent and property rights and with skill these rights might be vindicated. Using other people's money, corporate interests go to court when outcomes outweigh expenses. However, for individuals, attempting to protect patent and property rights bears the disadvantages of lack of skills, funds, high costs, prolonged litigation and, most important, a total lack of public awareness of the magnitude of judicial corruption. Courts listen to corporate not individual interests. Most individuals confronted with such choices opt to settle for whatever they can get in effect giving up their "guaranteed" constitutional rights. That courts stand between citizens and corporate government is constitutional mythology.
The questions presented by a citizen to Federal and State Courts go to the heart of the Constitution. The courts refused to consider and determine these constitutional questions, in effect denying the author's right to petition. In America, King George III was replaced by Federal and State judges.
Copyright© 2010 by James Constant
By the same author.
PATENT REFORM http://www.coolissues.com/patentreform/sameauthor.htm
COURT REFORM http://www.coolissues.com/courtreform/sameauthor.htm