Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Defend Liberty

Original jurisdiction is not exclusive jurisdiction. The subordinate courts, when created, were also allowed to share in original jurisdiction, with the superior courts having appellate jurisdiction over them.


10 posted on 02/01/2011 10:39:48 AM PST by kevkrom (De-fund Obamacare in 2011, repeal in 2013!)
[ Post Reply | Private Reply | To 3 | View Replies ]


To: kevkrom
Original jurisdiction is not exclusive jurisdiction. The subordinate courts, when created, were also allowed to share in original jurisdiction, with the superior courts having appellate jurisdiction over them.

Exclusive jurisdiction is not a term used in Article III. In fact Article III Section II states SCOTUS "shall" have original jurisdiction in any case involving a state. Shall is used in laws, regulations, or directives to express what is mandatory. SCOTUS doesn't have a choice per the Constitution. SCOTUS must be the first and only to rule over any case to which a state is a party, particularly one against the United States(Congress) as is the case with Unconstitutional Obamacare.
11 posted on 02/01/2011 10:54:31 AM PST by Defend Liberty
[ Post Reply | Private Reply | To 10 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson