… why is there no simple and streamlined means to take an Article III or common law court on the offensive? On the defensive is precarious and increasingly impossible, but even experts on the subject matter seem to be in some ways stumped as to how to move the court on the common law offensive. In my opinion, this is the most obvious signal that there is a defect in our “modern” system. It is not acceptable, to me, to have to attempt to coax the common law out of admiralty courts, Article IV courts, nor the like.
