Note Climber: Season 1, Episode 1
Can You Sue the Government?
  Created on: 18-03-2025

Jeremy Cantrell @ The Constitution of the United States
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;
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Mar 08, 2025

Jeremy Cantrell @ The Constitution of the United States
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
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Mar 08, 2025

Jeremy Cantrell @ The Autobiography of Theodore Roosevelt
There is a bit of homely philosophy, quoted by Squire Bill Widener, of Widener’s Valley, Virginia which sums up one’s duty in life: “Do what you can, with what you’ve got, where you are."
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Mar 14, 2025

Jeremy Cantrell @ The Federalist Papers
Resolved, That in the opinion of Congress it is expedient, that on the second Monday of May next a convention of delegates, who shall have been appointed by the several States, be held at Philadelphia, for the sole and express purpose OF REVISING THE ARTICLES OF CONFEDERATION, and reporting to Congress and the several legislatures such ALTERATIONS AND PROVISIONS THEREIN, as shall, when agreed to in Congress, and confirmed by the States, render the federal Constitution ADEQUATE TO THE EXIGENCIES OF GOVERNMENT AND THE PRESERVATION OF THE UNION.
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Mar 24, 2025

Jeremy Cantrell @ Uniformed Services Employment and Reemployment Rights Act of...
A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.
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Mar 26, 2025

Jeremy Cantrell @ The Constitution of the United States
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
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Mar 27, 2025

Jeremy Cantrell @ The Constitution of the United States
...Controversies to which the United States shall be a Party;
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Mar 27, 2025

Jeremy Cantrell @ The Constitution of the United States
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
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Mar 31, 2025

Jeremy Cantrell @ Chisholm v. Georgia, 2 U.S. 419 (1793)
In England, according to Sir William Blackstone, no suit can be brought against the King, even in civil matters. So, in that Kingdom, is the law, at this time, received. But it was not always so. Under the Saxon government, a very different doctrine was held to be orthodox. Under that government, as we are informed by the Mirror of Justice, a book said by Sir Edward Coke to have been written in part, at least, before the conquest; under that government, it was ordained that the King's court should be open to all plaintiffs, by which, without delay, they should have remedial writs, as well against the King or against the Queen as against any other of the people. (Justice Wilson, concurring opinion)
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Mar 15, 2025
Justice Wilson makes a very good point that I think demolishes the argument toward adherence of English common law. Nowadays, the courts seem to restrict justice under restraints and the idea that the "king can do no wrong." But the United States declared its independence from any king; created a government of, for, and by the people; and history shows that even kings were accountable for their wrongs.
Mar 15, 2025 12:03 pm

Jeremy Cantrell @ Chisholm v. Georgia, 2 U.S. 419 (1793)
The grand and principal question in this case is whether a State can, by the Federal Constitution, be sued by an individual citizen of another State?
The point turns not upon the law or practice of England, although perhaps it may be in some measure elucidated thereby, nor upon the law of any other country whatever, but upon the Constitution established by the people of the United States, and particularly upon the extent of powers given to the Federal judicial in the second section of the third article of the Constitution. (Justice Cushing, concurring opinion)
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Mar 15, 2025

Jeremy Cantrell @ Chisholm v. Georgia, 2 U.S. 419 (1793)
The judicial power, then, is expressly extended to "controversies between a State and citizens of another State." When a citizen makes a demand against a State of which he is not a citizen, it is as really a controversy between a State and a citizen of another State as if such State made a demand against such citizen. The case, then, seems clearly to fall within the letter of the Constitution. It may be suggested that it could not be intended to subject a State to be a defendant, because it would effect the sovereignty of States. If that be the case, what shall we do with the immediate preceding clause; "controversies between two or more States," where a State must of necessity be defendant? If it was not the intent, in the very next clause also, that a State might be made defendant, why was it so expressed as naturally to lead to and comprehend that idea? Why was not an exception made, if one was intended? (Justice Cushing, concurring opinion)
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Mar 15, 2025

Jeremy Cantrell @ Chisholm v. Georgia, 2 U.S. 419 (1793)
Further, if a State is entitled to justice in the Federal court against a citizen of another State, why not such citizen against the State, when the same language equally comprehends both? The rights of individuals and the justice due to them are as dear and precious as those of States. Indeed, the latter are founded upon the former, and the great end and object of them must be to secure and support the rights of individuals, or else vain is government. (Justice Cushing, concurring opinion)
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Mar 15, 2025

Jeremy Cantrell @ Chisholm v. Georgia, 2 U.S. 419 (1793)
If we attend to the words, we find them to be express, positive, free from ambiguity, and without room for such implied expressions: "The judicial power of the United States shall extend to controversies between a State and citizens of another State." If the Constitution really meant to extend these powers only to those controversies in which a State might be plaintiff, to the exclusion of those in which citizens had demands against a State, it is inconceivable that it should have attempted to convey that meaning in words not only so incompetent, but also repugnant to it; if it meant to exclude a certain class of these controversies, why were they not expressly excepted; on the contrary, not even an intimation of such intention appears in any part of the Constitution. (Chief Justice Jay, concurring opinion)
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Mar 15, 2025

Jeremy Cantrell @ 119 Stat. 3290
(3) The rate of basic allowance for housing to be paid to the following members of a reserve component shall be equal to the rate in effect for similarly situated members of a regular component of the uniformed services:
(A) A member who is called or ordered to active duty for a period of more than 30 days.
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Mar 26, 2025

Jeremy Cantrell @ MSPB Administrative Judge's Handbook
The Board’s policy is to adjudicate all appeals within 120 days of receipt by the Regional
Office (RO) except for good cause shown
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Mar 27, 2025

Jeremy Cantrell @ The Constitution of the United States
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed,..
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Mar 27, 2025
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