[DMCForum] Re: Administrative law

["dmcgman" <DmcGman@xxxxxxxxxxx>]

Well Bob I would disagree with some of your claims.  For instance if 
you fight a traffic ticket you have :

thge right to a trial
the right to discovery
the right to depose accusing persons
the right to independence of the jurist (i have seen judges rule 
against the enforcing agency on more than once occasion)

--- In DMCForum@xxxxxxxxxxxxxxx, Bob Brandys <BobB@xxxx> wrote:
>
> The difference between a speeding ticket and "other" fines has to 
do 
> with the difference between Criminal, Civil and Administrative law.
> 
> The constitution applies to Criminal and Civil law.  The 
constitution 
> does NOT apply to Administrative law.   Traffic laws are 
administrative 
> law.  Under administrative law
> you have
> 
> no right to a jury
> no rights of discovery
> no right to depose accusing persons
> no right to a bill of particular (what, where, when, how, etc.)
> no right to independence of the jurist.  This means the judge 
works for 
> the enforcing agency.  Consequently, why would the judge rule 
against 
> his own boss(aka governmental agency).
> 
> under administrative law you are presumed to be Guilty.  NOT 
innocent.
> 
> Wait a minute here.  Did not the US break off from England because 
of a 
> judicial system based on administrative law?
> Wasn't the constitution written to ban administrative law?
> 
> What the hell happened?
> 
> Well, you have to go to the second president.  John Adams.  There 
was 
> rumblings under his presidency, that the power of the executive 
branch 
> needed to be curbed.  He felt that this was treason-so he 
authorized 
> the use of administrative law to jail those who were talking about 
> restricting just want he did!
> 
> Yes, John Adams, was the first president to evoke a "Patriot Act."
> So much for the constitution!!  It lasted about 4 years!
> 
> Bob
>

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