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To: peyton randolph
Congress has the constitutional authority to set the jurisdiction of the lower federal courts. This includes mandating the standard of review to be applied.

Absolutely false. The power to set jurisdiction only determines which cases will come before which courts. Standards of review are NOT part of jurisdiction. That is exclusively a court function.

50 posted on 03/31/2005 3:29:45 PM PST by Crackingham
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To: Crackingham
Absolutely false. The power to set jurisdiction only determines which cases will come before which courts. Standards of review are NOT part of jurisdiction. That is exclusively a court function.

Check your U.S. Constitution again. The lower federal courts exist at the whim of Congress. This includes all facets if Congress so desires, including both jurisdiction and standards of review. After what transpired, if I were in Congress, I'd seriously consider a bill limiting subject matter jurisdiction of the U.S. Court of Appeals for the 11th Circuit to appeals of Section 1983 cases involving left-handed migrant farmers named "Bob"...and mandate an abuse of discretion standard of review for such cases. I'd also take the opportunity to slash the judges salaries to 1/10 present compensation and defund their law clerks. Make the clowns write their own opinions.

72 posted on 03/31/2005 3:39:40 PM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: Crackingham
The power to set jurisdiction only determines which cases will come before which courts. Standards of review are NOT part of jurisdiction. That is exclusively a court function.

Has that ever been litigated? For the Constitution clearly says they can:

Article II, Section 2, Clause 2:

"... and under such Regulations as the Congress shall make."

74 posted on 03/31/2005 3:42:05 PM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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