Posted on 10/01/2015 6:21:30 PM PDT by Twotone
Taking on a new case that tests Congress’s power over the courts, but also gets into a sensitive question of U.S.-Iran dealings, the Supreme Court agreed on Thursday to review a legislative mandate on legal rights at issue in a case filed by victims of terrorism.
The case filed by Iran’s central bank, Bank Markazi v. Peterson, was one of thirteen new cases that the Justices accepted for review in the new Term that formally opens next Monday. It is likely that the Court will hear oral arguments in the new cases in January and February.
(Excerpt) Read more at scotusblog.com ...
Nice headline.
The suspense is killing me.
Yes, in a ‘balance of power’ debate, who wins?
The only power Congress has over the coequal Justice branch is the ratification of Justices. The USSC can declare legislation unconstitutional and nullify it, but they can be stymied with constitutional amendments which they are then required to uphold.
Of course, this is all kabuki theater when the executive branch rules by ukase, Congress passes legislation without reading it, and no one including the USSC gives a shit about the Constitution any more. I for one enjoyed the republic while we had it, but what we have now is a decadent nation-state in debt up to its eyeballs.
It’s a tax! < /Roberts >
The only power Congress has over the coequal Justice branch is the ratification of Justices. ?????
Congress can remove EVERY FEDERAL JUDGE IN AMERICA, including every supreme court justice.
Congress can abolish every federal court except the supreme Court
Congress can decide which cases the Judicial Branch can hear and decide
‘Congress can decide which cases the Judicial Branch can hear and decide”
Please elaborate on that. It does not compute.
See Article III, Section 2, Clause 2.
dvwjr
Wolf to decide if wolf who ate the sheep is guilty or innocent.
“The only power Congress has over the coequal Justice branch is the ratification of Justices. The USSC can declare legislation unconstitutional and nullify it, but they can be stymied with constitutional amendments which they are then required to uphold.”
Actually, Congress has huge power over the judicial branch. It creates courts by legislation and determines what geographic areas the cover. It may withhold jurisdiction from federal Courts over any subject matter it chooses. It also has impeachment power.
Yeah, that post needs a lot of work. Mea dopey. :/
Article 3, section 1 is Pretty Clear:
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Article 3, section 2 is pretty clear regarding the Authority to LIMIT what the supreme Court hears:
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;—to all cases affecting ambassadors, other public ministers and consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to which the United States shall be a party;—to controversies between two or more states;—between a state and citizens of another state;—between citizens of different states;—between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
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.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Thanks.
Article. I.
Section. 1.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
[....]
Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
[....]
To constitute Tribunals inferior to the supreme Court;
Article III.
Section. 1.
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
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.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Art III US Const.
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.
US Constitution, Article 3, Section 2:
“...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.”
“Yeah, that post needs a lot of work. Mea dopey.”
No. It’s just that very few people know that. I went to law school and was astonished in my “Federal Courts” class.
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