2006.01.01: January 1, 2006: Headlines: Peace Corps Directors - Vaughn: Law: First Amendment: COS - Chile: Selective Service: The Review of Litigation: Murray versus Vaughn Case reviewed

Peace Corps Online: Peace Corps News: Peace Corps Library: Law: April 4, 2005: Index: PCOL Exclusive: Law : 2006.01.01: January 1, 2006: Headlines: Peace Corps Directors - Vaughn: Law: First Amendment: COS - Chile: Selective Service: The Review of Litigation: Murray versus Vaughn Case reviewed

By Admin1 (admin) (pool-151-196-25-123.balt.east.verizon.net - 151.196.25.123) on Tuesday, March 07, 2006 - 7:55 pm: Edit Post

Murray versus Vaughn Case reviewed

Murray versus Vaughn Case reviewed

Jack Vaughn was the second Director of the Peace Corps appointed by President Lyndon Johnson.

Murray versus Vaughn Case reviewed

Jurisdictional Implications in the Reduced Funding of Lower Federal Courts

Jan 1, 2006 - Review of Litigation, The

This article argues two related propositions. First, if Congress were to eliminate all funding for lower federal courts, its constitutional authority to regulate those courts would become as meaningless as the empty courthouses. Second, Congress breaches its duty to furnish a forum at a point short of full defunding, and with that breach, Congress's regulatory power over private civil disputes otherwise litigable in state courts-preempted and removable state law claims-becomes constitutionally invalid. The first fact setting of full defunding is hypothetical; the second has been underway for several years.

[Excerpt]

Two cases involving Selective Service challenges raised the forum availability question during the Vietnam War. In Petersen v. Clark,268 plaintiff sued to enjoin induction into the military and the government objected on the grounds that federal law barred judicial review of a Selective Service decision.269 The district court found the jurisdiction-stripping statute unconstitutional, citing authority that due process is a limitation on Congress's power to regulate federal jurisdiction.270

More complicated facts arose in Murray v. Vaughn,271 in which Murray was expelled from the Peace Corps for publishing an editorial against the Vietnam War while at his assigned location in Chile.

He then was reclassified by Selective Service and drafted; he sued for injunctive relief to bar the draft, and for reinstatement in the Peace Corps to maintain his prior draft deferment. The government objected to the federal district court's subject matter jurisdiction on the grounds that Murray's claim did not satisfy the $10,000 jurisdictional amount, arguing that his missing Peace Corps benefits were the only quantifiable claim. T

he court rejected this characterization both as to how to quantify his losses,272 and, pertinent to this article, because Murray's First Amendment claim would go without a forum if the $10,000 amount were deemed to disqualify it.273 The court found authority not only in due process but in Article III as well:

Both the Fifth Amendment and Article III, 2 of the Constitution might well be abused if no avenue is opened for review by the courts of that claim. Specifically, if there is an arguably valid constitutional claim here, and if, as the government contends, neither 28 U.S.C. 1361 mandamus nor 28 U.S.C. 1331 general equity jurisdiction is available, how can the plaintiff seek to vindicate his rights? Certainly, the concurrent jurisdiction of the state courts is highly questionable in this context . . . . In summation, it is probable that if 1331's amount in controversy proviso bars this court from reaching the merits of this case, a plaintiff, who alleges injury to those rights which occupy the highest position in the pantheon of our constitutional values, would be left without judicial process of law.
As so applied, 1331 might well be deemed to violate both the due process clause of the Fifth Amendment and Article III, 2 of the Constitution insofar as it establishes the judicial branch of the government.274





When this story was posted in March 2006, this was on the front page of PCOL:


Contact PCOLBulletin BoardRegisterSearch PCOLWhat's New?

Peace Corps Online The Independent News Forum serving Returned Peace Corps Volunteers
March 1, 1961: Keeping Kennedy's Promise Date: February 27 2006 No: 800 March 1, 1961: Keeping Kennedy's Promise
On March 1, 1961, President John F. Kennedy issues Executive Order #10924, establishing the Peace Corps as a new agency: "Life in the Peace Corps will not be easy. There will be no salary and allowances will be at a level sufficient only to maintain health and meet basic needs. Men and women will be expected to work and live alongside the nationals of the country in which they are stationed--doing the same work, eating the same food, talking the same language. But if the life will not be easy, it will be rich and satisfying. For every young American who participates in the Peace Corps--who works in a foreign land--will know that he or she is sharing in the great common task of bringing to man that decent way of life which is the foundation of freedom and a condition of peace. "

Top Stories and Breaking News PCOL Magazine Peace Corps Library RPCV Directory Sign Up

The Peace Corps Library Date: February 24 2006 No: 798 The Peace Corps Library
The Peace Corps Library is now available online with over 40,000 index entries in 500 categories. Looking for a Returned Volunteer? Check our RPCV Directory. New: Sign up to receive PCOL Magazine, our free Monthly Magazine by email. Like to keep up with Peace Corps news as it happens? Sign up to recieve a daily summary of Peace Corps stories from around the world.

Top Stories: February 2, 2006 Date: February 4 2006 No: 783 Top Stories: February 2, 2006
Al Kamen writes: Rice to redeploy diplomats 20 Jan
Peace Corps mourns the Loss of Volunteer Tessa Horan 1 Feb
RPCV pursues dreams in America's Heartland 1 Feb
Sargent Shriver documentary to be shown in LA 30 Jan
W. Frank Fountain is new board chairman of Africare 27 Jan
Abbey Brown writes about acid attacks in Bangladesh 26 Jan
Christopher Hill Sees Ray of Hope in N.Korea Standoff 26 Jan
Jeffrey Smit writes on one man diplomatic outposts 25 Jan
Joe Blatchford's ACCION and microfinance 24 Jan
James Rupert writes: A calculated risk in Pakistan 23 Jan
Sam Farr rips conservative immigration bill 21 Jan
Americans campaign for PC to return to Sierra Leone 20 Jan
Kinky Friedman supports Gay Marriage 20 Jan
Margaret Krome writes on Women leaders 18 Jan
James Walsh leads bipartisan US delegation to Ireland 17 Jan
Mark Schneider writes on Elections and Beyond in Haiti 16 Jan
Robert Blackwill on a "serious setback" in US-India relations 13 Jan
Kevin Quigley writes on PC and U.S. Image Abroad 13 Jan
Emily Metzloff rides bicycle 3,100 miles from Honduras 9 Jan
Charles Brennick starts operation InterConnection 9 Jan
Lee Fisher tells story of Pablo Morillo 7 Jan
Nancy Wallace writes: Was PC a CIA front after all? 4 Jan

Paid Vacations in the Third World? Date: February 20 2006 No: 787 Paid Vacations in the Third World?
Retired diplomat Peter Rice has written a letter to the Wall Street Journal stating that Peace Corps "is really just a U.S. government program for paid vacations in the Third World." Director Vasquez has responded that "the small stipend volunteers receive during their two years of service is more than returned in the understanding fostered in communities throughout the world and here at home." What do RPCVs think?

RPCV admits to abuse while in Peace Corps Date: February 3 2006 No: 780 RPCV admits to abuse while in Peace Corps
Timothy Ronald Obert has pleaded guilty to sexually abusing a minor in Costa Rica while serving there as a Peace Corps volunteer. "The Peace Corps has a zero tolerance policy for misconduct that violates the law or standards of conduct established by the Peace Corps," said Peace Corps Director Gaddi H. Vasquez. Could inadequate screening have been partly to blame? Mr. Obert's resume, which he had submitted to the Peace Corps in support of his application to become a Peace Corps Volunteer, showed that he had repeatedly sought and obtained positions working with underprivileged children. Read what RPCVs have to say about this case.

Military Option sparks concerns Date: January 3 2006 No: 773 Military Option sparks concerns
The U.S. military, struggling to fill its voluntary ranks, is allowing recruits to meet part of their reserve military obligations after active duty by serving in the Peace Corps. Read why there is opposition to the program among RPCVs. Director Vasquez says the agency has a long history of accepting qualified applicants who are in inactive military status. John Coyne says "Not only no, but hell no!" and RPCV Chris Matthews leads the debate on "Hardball." Avi Spiegel says Peace Corps is not the place for soldiers while Coleman McCarthy says to Welcome Soldiers to the Peace Corps. Read our poll results. Latest: Congress passed a bill on December 22 including language to remove Peace Corps from the National Call to Service (NCS) military recruitment program

Why blurring the lines puts PCVs in danger Date: October 22 2005 No: 738 Why blurring the lines puts PCVs in danger
When the National Call to Service legislation was amended to include Peace Corps in December of 2002, this country had not yet invaded Iraq and was not in prolonged military engagement in the Middle East, as it is now. Read the story of how one volunteer spent three years in captivity from 1976 to 1980 as the hostage of a insurrection group in Colombia in Joanne Marie Roll's op-ed on why this legislation may put soldier/PCVs in the same kind of danger. Latest: Read the ongoing dialog on the subject.

PC establishes awards for top Volunteers Date: November 9 2005 No: 749 PC establishes awards for top Volunteers
Gaddi H. Vasquez has established the Kennedy Service Awards to honor the hard work and service of two current Peace Corps Volunteers, two returned Peace Corps Volunteers, and two Peace Corps staff members. The award to currently serving volunteers will be based on a demonstration of impact, sustainability, creativity, and catalytic effect. Submit your nominations by December 9.

Friends of the Peace Corps 170,000  strong Date: April 2 2005 No: 543 Friends of the Peace Corps 170,000 strong
170,000 is a very special number for the RPCV community - it's the number of Volunteers who have served in the Peace Corps since 1961. It's also a number that is very special to us because March is the first month since our founding in January, 2001 that our readership has exceeded 170,000. And while we know that not everyone who comes to this site is an RPCV, they are all "Friends of the Peace Corps." Thanks everybody for making PCOL your source of news for the Returned Volunteer community.


Read the stories and leave your comments.






Some postings on Peace Corps Online are provided to the individual members of this group without permission of the copyright owner for the non-profit purposes of criticism, comment, education, scholarship, and research under the "Fair Use" provisions of U.S. Government copyright laws and they may not be distributed further without permission of the copyright owner. Peace Corps Online does not vouch for the accuracy of the content of the postings, which is the sole responsibility of the copyright holder.

Story Source: The Review of Litigation

This story has been posted in the following forums: : Headlines; Peace Corps Directors - Vaughn; Law; First Amendment; COS - Chile; Selective Service

PCOL25203
02

By Leg (ca1462-ch01-bl06.ma-cambridg0.sa.earthlink.net - 207.69.137.205) on Wednesday, March 08, 2006 - 6:01 am: Edit Post

Right,

and where is General Counsel or anybody with legal authority in position to propose such a claim. A Federal Attorney costs 300.00 per hour. Discrimination at Peace Corps continues with the rights of Victims of Violence during service. Where are their rights to due process with the heavy hand of the government continously knocking them down. Where? NPCA? What a joke.

We need the Congress to step in and write legislation for us to have relief. We are writing it again.


Add a Message


This is a public posting area. Enter your username and password if you have an account. Otherwise, enter your full name as your username and leave the password blank. Your e-mail address is optional.
Username:  
Password:
E-mail: