Magistrate Judge Sherri Polster Chappell of the United States District Court for the Middle District of Florida sitting in Fort Myers has made me feel like Peter Pan: She’s made me want to crow: “I’m just the cleverest fellow ’twas ever my pleasure to know!” Magistrate Judge Chappell has also given Carrie Luft an extraordinary chance to litigate some unique questions of first impression in the USA, such as whether the USA needs a CIVIL Constitutional Writ equivalent to Habeas Corpus, for which I have suggested here (as I have been advocating, on-and-off now, for twenty years) the adoption of the Mexican Constitutional Writ of Amparo:
The Juicio de Amparo (which can be only VERY roughly translated into English as a “Writ of Prohibition”) enshrined in the Constitution of Mexico is a Constitutional Proceeding with the full force and effect of a CIVIL Writ of Habeas Corpus such as has never existed in the United States. Historically, this writ originated and was designed by the early 19th century revolutionary Creole (Hispanic White, First generation Colonial) jurists of my “second home” state of Yucatán, so strangely aligned from the late 1830s onward through Ernesto de Zavala (born in Ticul, Yucatán) with my “first home” state of Texas. Of course, it was neither Zavala who authored the Texas Declaration of Independence and gave his name to the State Archives building in Austin nor the famous Editor of the three great “incunabular” press journals of Southeastern Mexico, El Fenix de Yucatán, El Museo Yucateco, and the Registro de Yucatán, namely Justo Sierra O’Reilly who solicited Congress to admit Yucatán as a State in the 1840s. Rather it was a figure even less well-known to even to the well-educated American, by the Manuel Crescencio García Rejón, born in Bolonchenticul, Yucatán, a small town now renamed in his honour Bolonchén de Rejón, in the (now separate Mexican) State of Campeche and across the Puuc (Hill Country of Yucatán) from Ticul itself where Zavala was born.
Bolonchen means “Nine Wells” in Yucatec Maya. The number nine is quite mystically intriguing here, being, however coincidentally, not only the number of levels of Hell in both the Maya Underworld of Xibalbá and Dante’s Inferno, but also the number of justices who sit on the United States Supreme Court…. It was the Nine Justices of the U.S. Supreme Court, especially Chief Justices John Marshall and Roger Taney, whose theory of Constitutional review by judicial procedure so thoroughly impressed and influenced this heroic Hispanic jurist whose name should become famous in the United States of America:
Manuel Crescencio García Rejón
I feel strangely certain that if telephones or the internet had existed in the 1830s and 40s, the provincial creole patriots of Yucatán, introduced through Ernesto de Zavala and Justo Sierra O’Reilly, would have thoroughly made friends with John Caldwell Calhoun, Chief Justice Taney, and the other great Southern Constitutionalists of that time, and that Mérida would have become the Southern terminus of a cross-Gulf commerce linked to Galveston, Mobile, and New Orleans in a “Greater South” including all of Mexico after 1848. In light of subsequent history, in light of the likely union of our countries within the next hundred years, it cannot be said that it would have been so bad for all this to happen a century and a half ago. For one thing the Creole and Native American Mexicans would never have had to suffer the indignities and inferior status to which they have been relegated by the strangely “colonialist” policies which resulted from the United States’ FAILURE or REFUSAL to integrate Mexico in 1848…. the Hacendados of Mexico would have aligned themselves naturally with the Plantation Owners of the South and the large Indian populations would have had MORE protection under American Constitutional Law than they had under MOST of Mexican history–but all this is a terrible digression from Carrie Luft’s Crusade against the Corruption in Florida Courts (although it is a corruption echoing Miami’s status as “the Capital of Latin America” and Florida’s status, with Louisiana, as the Northernmost Banana Republic…..
I reiterate, we NEED your responses to Carrie’s survey, and so far we have gotten VERY FEW: 06-06-2012 DECLARATION CONCERNING JUDICIAL HABITS
Please circulate this all around and return to one of us, either to Carrie directly or to me c/o Peyton Yates Freiman at our “Home Office” of 603 Elmwood Place, #6, Austin, Texas 78705 or to me at Mid-Cities Escrow in Downey:
MID-CITIES ESCROW, Charles Edward Lincoln, III CEO & Director,
10890 Paramount Blvd., Downey, CA 90241, (562) 861-2251 facsimile.
or by e-mail here to this blog!