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To: Regulator

So you are saying that Title 28, Section 1251 giving Judge Bolton jurisdiction is unconstitutional?


32 posted on 08/03/2010 6:03:05 AM PDT by mas cerveza por favor
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To: mas cerveza por favor; Regulator; xzins
So you are saying that Title 28, Section 1251 giving Judge Bolton jurisdiction is unconstitutional?

I would say yes.

The Founders put this clause in the Constitution to make sure that the Federal Government did not have the authority to pick and choose favorable lower courts to sue States (and vice-versa) and vested the power to hear these controversies in the Supreme Court and ONLY the Supreme Court. Congress and even the Supreme Court do not have the constitutional authority to give original jurisdiction to lower courts in these matters.

But then neither the Congress nor the Supreme Court has shown much deference to the actual language and intent of the Constitution in the last 100 years.

33 posted on 08/03/2010 7:06:42 AM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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