Levi Rudder v. United States District Court for the Northern District of Texas

(This is believed to be a case of first impression, according to Mr. Rudder’s extensive research there has never been a challenge that has raised a circumvention of the procedural protections provided by Article V of the U.S. Constitution.)

1. Does the federal government's exercise of unenumerated powers—reflected in the actions of this Court, the trial court, and the circuit court— violate the procedures prescribed in Article V of the U.S. Constitution by infringing upon Mr. Rudder's enumerated and unenumerated rights, and by not adhering to the Constitution's strict separation of powers without the explicit consent required for such amendments (ratification by 3/4ths of the States)?

2. Was either Marbury v. Madison, 5 U.S. 137 (1803), or McCulloch v. Maryland, 17 U.S. 316 (1819), wrongly decided? Specifically, if Marbury's reasoning is correct in strictly denying any departure from constitutional requirements, doesn't that definitively conclude that McCulloch was wrongly decided for permitting federal authority to enact legislation that is not strictly necessary and proper, without first amending the Constitution to authorize such authority?

3. Given that the First Amendment prohibits Congress from restricting the free exercise of religion, does the federal judiciary have the authority to prohibit Mr. Rudder’s exercise of religion and personal autonomy? Alternatively, are Mr. Rudder’s enumerated and unenumerated rights to religious exercise and personal autonomy (to earn a living or use his knowledge and abilities to help others,