1	internal procedures of the other branches—the courts lack such authority under our system of
2	government. As cited by the President,
3	The Congress is the legislative department of the government; the
	President is the executive department. Neither can be restrained in
4	its action by the judicial department; though the acts of both, when
	performed, are, in proper cases, subject to its cognizance.
5
6	Mississippi v. Johnson. 71 U.S. 475,500 (1866).
7	See also. Bucklev v. Valeo. 424 U.S. 1, 120, 96 S. Ct. 612, 682-83 (1976) (emphasizing
8	importance of separation of powers); Commonwealth of Mass. V, Mellon. 262 U.S. 447,487,43
9	S. Ct. 597, 601 (1923) ("The functions of government under our system are apportioned.... The
10	general rule is that neither department may invade the province of the other and neither may
11	control, direct, or restrain the action of the other"); Protestants and Other Americans United for
12	Separation of Church and State v. O'Brien. 272 F. Supp. 712, 715 (D.D.C. 1967) (no authority to
13	restrain Postal Department's picture of the Madonna on a stamp).
14	For these reasons, the court has no authority to restrain Senator McConneIl or
15	declare the rights of plaintiff vis-a-vis Senator McConneIl in his role as past chairperson of the
16	JCCIC. Amendment of the complaint would be futile.
17	Moreover, even assuming, as was done for the President, that the court should
18	exercise cognizance over a suit against Senator McConneIl, Newdow continues to lack standing
19	because of the speculative and impractical nature of the relief sought. Here, Newdow's
20	substitution of a U.S. Senator in his official capacity as head of the 2000 Inauguration
21	Committee, would serve no effective purpose. If the claim against the President is too
22	speculative for an injunction to issue, hence denying Newdow standing, it gets no more certain or
23	jurisdictionally cognizable simply because a Senator is named to take the President's place. The
24	fact remains that no effective, non-speculative relief can be fashioned.
25	Indeed, even beyond the speculative nature of the relief, what would Newdow
26	have this court order—an enjoining of the Committee to "command" the President to watch what
	6