Alphonso Lopez was convicted in Texas for
carrying a gun to school in March of 1992.
About a century ago the Bar Association took control of America's
court systems. Prior to that time, defendants charged with criminal
cases brought persuent to federal charges that were alleged to have
occurred within the borders of a state, were dismissed upon motion or
appeal by the defendants, with consistency.
In 1819, and again in 1937 Chief Justice John Marshall made clear in
his decisions that the Constitution prohibited the federal government
from assuming any police power within a state:
"To oust this State of its juristiction to support and
maintain its laws, and to punish crimes, it must be shown that an
offense comitted within the acknowledged limits of the state, is
clearly and exclusively cognizable by the laws and courts of the
Thus the framers of our Constitution and the Supreme Court upheld
that the Constitution was meant to prevent a centralized government.
They demonstrated that any broad interpretation of any constitutional
clause giving the federal government powers that approached the
facilititation a central government is expressly prohibited by the
Unfortunately, most government officials have convinient amnesia when
it comes to observing these responsibilities. It is up to the
people to continually remind them by admonition of their failures,
not only on a case by case basis, but at the polls.
The message is clearly given to state authorities. When your State
authorities fail to defend this mandate, they are failing their sworn
oath to uphold the U. S. Constitution as well as their State Constitution.
A Title 42, 1983 suit is necessary to extract justice and responsibility
from your State authorities who violate their oath of office.