Posted on 09/18/2014 3:59:33 PM PDT by george76
Then the elites still have work to do. No one should know such information. The three branches are...
Free stuff
Obama
Jay Z
bump
Public schools are a failure.
I,for one,can easily think of at least one or two important things that JFK got right.When I mentioned the Kennedys I was basically thinking of every one of them *except* JFK.
Article III, Sec. 2:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Congress has pre-empted judicial review hundreds of times, maybe thousands. Two recent examples: Bush's Patriot Act and Patriot Act II both contain pre-emption language barring constitutional review. Apparently the first Supreme Court ruling on this issue was Derousseau v. United States (1810).
The landmark case, though, was Ex parte McCardle (1869) when an ex-Confederate newspaper editor challenged the constitutionality of the post-Civil War Reconstruction Acts. As the case went up the appeal ladder, Congress attached after-the-fact pre-emption language in an 1868 War Department authorization bill, then re-passed the war bill with the rider over President Andrew Johnson's veto.
The Supreme Court refused review on Article III Section 2 grounds. This was an 8-0 one-page slam-dunk with Chief Justice Roger B. Taney writing the opinion.
More from wikipedia HERE.
Correction: The Supreme Court rejected McCardle’s appeal; they didn’t refuse review. My bad.
Thanks for the education Henry.
As so often happens I am impressed by the expertise of FR’s members.
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