Judicial Engagement & Jurisdiction

FCM distinguishes legal analysis from judicial power. Existing courts should be used where lawful jurisdiction, standing and procedure permit. FCM does not claim that publication of an opinion obligates any court to review or approve it.

If an existing court does not review a matter

Non-response, lack of jurisdiction, inadmissibility or another procedural refusal is recorded for what it is. It is not treated as approval of the FCM position and does not transfer jurisdiction to FCM. A merits judgment by a competent court is separately identified and treated as material legal authority.

Pre-transition legal review

FCM may use non-binding adversarial legal-review procedures to test difficult cases, including opposing briefs, evidence review, conflicts and recusal, oral argument where useful, majority reasoning, concurrence, dissent and reconsideration. Such proceedings do not exercise present state jurisdiction.

NON-BINDING — NO PRESENT STATE JURISDICTION

Future activation of judicial authority

Sovereign judicial jurisdiction cannot be activated by an FCM declaration. It can arise only from a lawful future constitutional or statutory source establishing jurisdiction, appointment and procedure. If such a judiciary is established, it must be independent of FCM political control and free to accept, distinguish, modify or reject earlier FCM opinions.