All Detroiters are due Justice by the American creed. Are Detroiter pensioners and water customers getting justice ? Are city workers, police, firefighters, water department workers ? Is it fair what is being done to them ? Is it American ?
Detroit 's bankruptcy Judge Steven Rhodes, is one official who _seems_ to be trying to bring some justice to the situation,.I like everything I'm hearing from and about him from when I was in his court room making a legal pleading in the bankruptcy to what I read :
Judge Rhodes: Water shutoffs hurt Detroit's reputation internationally
http://www.freep.com/article/20140715/NEWS01/307150125/bankruptcy-water-officials
But I doubt that even one with such a powerful role at this stage can overcome the decades of economic divestment, out-migration of population, unemployment, poverty, crime. Combined with other factors, he might make a difference.
At any rate, I said the following to Judge Steven Rhodes and filed it as a pleading in writing when the case first started.
I am concerned that our attorney's, Jones Day firm, ( gestured toward the Jones Day attorney there) have a financial conflict in representing us in negotiations and settlements with Wall Street municipal bond
firms. Also, the State of Michigan and its agents ,the Governor and Emergency Manager, have financial and fiscal conflicts with the City of Detroit. Therefore , I am concerned about their ability to fulfill
an attorney and fiduciary duty to the City in representing us in bankruptcy.
I believe there have been no other municipal or Chapter 9 bankruptcies with Emergency Manager type laws usurping the City Charter, approved by the People of Detroit, and usurping the powers of elected
representatives, including the powers to file bankruptcy under Chapter 9. My study of bankruptcy law to this point informs me that the Tenth Amendment to the US Constitution is given special deference because
of the direction of the first Supreme Court decisions on Chapter 9 to do so._Ashton v. Cameron County Water Improvement Dist. No. 1_; _United States v Bekins_ 304 U.S. 27 (1938)
The Tenth Amendment to the United States Constitution reads:
"The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the _people_ (emphasis added -CB).
The Tenth Amendment reserves powers ,not only to the States but to the
People.
I urge the court to consider the legal theory that our rights to no
taxation without representation through our City Charter mandated
elected officials are Tenth Amendment U
S Constitutional rights reserved to the People of Detroit, rights that
I respectfully ask the court to uphold in Detroit's Chapter 9
bankruptcy. Detroit's Chapter 9 bankruptcy.
Respectfully submitted.
Charles Brown
end of statement
Supplementary thoughts:
Most if not all of the monies being divided up in the bankruptcy are
monies paid to the City of Detroit as taxes by the people of Detroit.
They pay the taxes with the premise or promise that the monies will be
stewarded by people they elect and can vote out of office. I am
specifically saying that one of the powers reserved to the People of
Detroit by the 10 Amendment ( and by the 9th , which was coupled with
the 10th in the debates on the Amendments when they were passed; the
9th is exclusively concerning the rights of the People).is _the power
to elect those who steward those monies in bankruptcy; to elect those
who write the Plan in bankruptcy._. The EM law usurpation of this
power is a violation of the 10th Amendment.
The interests of the People of Detroit and the State of Michigan are
in conflict.
The Governor is an elected official, however, he was not elected by
the People of the City of Detroit to steward their taxes paid to the
City of Detroit, as fiduciaries protecting the interests of the People
of Detroit. Also, the Governor represents people from outside Detroit
who have not paid taxes to Detroit, nor a significant portion of the
monies at issue in bankruptcy.. The very Emergency Manager law, PA
436, states that it is enacted especially to protect the _State's_
bond rating from fiscal crises in municipalities in the State . The
State has an interest in Detroit prioritizing paying the municipal
bond firms to protect the State's bond rating. over paying pensions
and other creditors. It also has an interest thereby in paying
municipal bondholders in priority over paying to promote and protect
the public health, welfare and safety of the People of Detroit through
city services provided by city workers, paid decent wages, benefits
and pensions.
The Michigan State Constitution has a provision against enactment of
local laws , amending municipal charters, without votes of the
electorate. This is a State law reserving powers to the peoples of
local municipalities with respect to elected representation and
fiduciary stewardship of taxes they pay to their municipal government.
Just as the Tenth Amendment provision on powers reserved to the States
is given special attention in Chapter 9 municipal bankruptcy because
municipalities are creatures of the State; so should the Tenth
Amendment provision on powers reserved to the people be given special
attention in Chapter 9 bankruptcy , because of the powers of home rule
and self-governance reserved to_ those who pay the taxes_ of the
municipality. The Emergency Manager law creates a conflict between
these reserved powers to the state and people that is probably not
present in most Chapter 9 cases. The Tenth Amendment gives equal
weight to both the State and peoples' reserved powers. The 9th
Amendment reinforces the argument here on behalf of powers reserved to
the people.
In sum, 1) Our attorneys and EM are conflicted ; 2) The powers
reserved to the People of Detroit by the 9th and 10th Amendments have
been disregarded and violated.
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