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1 posted on 09/23/2004 6:00:17 PM PDT by Doc AZ
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To: Doc AZ

I believe you are correct in all you stated. I would not however hold my breath that Congress and the Senate will both pass any jurisdictional limits.


2 posted on 09/23/2004 6:05:00 PM PDT by JLS
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To: Doc AZ
With Congress controlling the budget and the executive branch controlling the federal officers that enforce the rules, SCOTUS only has its customary assumption of Constitutional authority on its side.
3 posted on 09/23/2004 6:30:15 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: Doc AZ
Here is the relevant passage from Article III, Section 2

"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.

4 posted on 09/23/2004 6:45:34 PM PDT by JLS
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To: Doc AZ

Don't forget that there is an alternate path for a case to get to the SCOTUS. The case can come up through a state system, and then be heard by the high court on the constitutional issues.

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.

Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.


5 posted on 09/23/2004 6:47:44 PM PDT by PAR35
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To: Doc AZ

They need to. The courts have spent the last decade severely OVERSTEPPING their authority. Congress makes the laws...the courts uphold them. If Congress says jump, the courts should be asking "How High?", not telling Congress they don't have the authority.

Our judicial system sucks...I'm sick of it.


7 posted on 09/23/2004 8:55:31 PM PDT by JayRay (On November 2 Don't Turn the White House Into The Waffle House!)
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