The Texas rancher was living his worst nightmare. He was embroiled in an income tax case with the federal government that was intent on foreclosing on his ranch, taking everything and leaving nothing due to unpaid liens.
The rancher’s effort to fight back turned the incident into a landmark case. On September 14, 2015, he filed a petition in United States District Court, Eastern District of Texas, Lufkin Division Case No. 9:14-CV-138 that challenged the Constitutional authority of the feds to usurp the authority of the courts in Tyler County, Texas.
The United States had 14 days to respond, but remained silent, apparently the first and only time that the government failed to respond to a jurisdiction challenge.
The rancher was not dissuaded. On September 30, 2015, he filed a Demand for Dismissal. Again, there was no response. How can the worst nightmare become even worse? The rancher will likely answer that when the Federal Court in conjunction with the IRS is trying to illegally seize your property while ignoring your legal rights, this is about as bad as your nightmare can be.
All within the rights of the rancher, his petition claimed that the Federal Court lacked the territorial and personal jurisdiction in Tyler Country, Texas, and demanded a dismissal of the case. The text of the petition indicated that the law was on his side.
Read the next page to find out what happened to the Texas rancher and to the Constitutional rights of all Americans.
This case is just another example of our criminal justice system. Knowing that an action by the fed’s is unconstitutional but allowing it to proceed any way is a travesty! This law needs to be rewritten or the fed’s need to withdraw all proceedings of this nature.
This is what I have been saying for over 40 years. The Federal courts only have legal jurisdiction on cases that are Federal in scope only. No jurisdiction in legal and personal cases such as this illegal court action.
This whole thing is a BOGUS nut job rant…
Thanks Al!
Nothing but overreach by the government!
LOL, don’t you just love whacky legal theories?
There is also “federal question jurisdiction”: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;— Article III, Section 2. Federal jurisdiction also extends to diversity jurisdiction in which the parties are from different states… it also extends to admiralty jurisdiction as well as to actions involving ambassadors and foreign countries . This was an instance of federal question jurisdiction involving the enforcement of federal law.
David Como Yes the power of the federal government is limited. It is not limited in the manner suggested by this lawsuit.
Loony legal argument.
This is the government’s way of saying, “law be damned, we can do what we want.” Please excuse the language