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To: Regulator
Yes, the Supreme Court has original jurisdiction over cases between the US and a state; but not exclusive original jurisdiction.

The district courts also have original jurisdiction in these types of cases.

Congress has clarified the exclusive original jurisdiction to be only disputes between states:

Title 28, Section 1251 of the US Code:

(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.

(b) The Supreme Court shall have original but not exclusive jurisdiction of:

(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;

(2) All controversies between the United States and a State;

(3) All actions or proceedings by a State against the citizens of another State or against aliens.

So yes, the District Court in which Judge Bolton sits has jurisdiction to hear this case.

10 posted on 08/02/2010 10:28:32 PM PDT by SirJohnBarleycorn
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To: SirJohnBarleycorn
Congress has clarified the exclusive original jurisdiction to be only disputes between states:

Isn't the act of Congress "clarifying" the role of The SCOTUS, an equal branch of government, unconstitutional on it's face?

12 posted on 08/02/2010 10:35:42 PM PDT by JrsyJack (a healthy dose of buckshot will probably get you the last word in any argument.)
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To: SirJohnBarleycorn
In the original blog ( Publius Huldah), in Point 3 she specifically deals with 28 sec 1251. And points out that the statute clearly amends the Constitution.

Perhaps you can address that point. Seems also rather clear to me. Please tell us why the Congress has the power to amend the Constitution absent a vote of the States.

For those who don't want to peruse the link, here's the relevant text:

Do you see what this pretended “law” purports to do? It purports to say that lawsuits against States can be tried in federal district courts!

But Article III, Sec. 2, clause 2 says that in “ALL” Cases in which a State shall be Party, the supreme Court “SHALL” have original jurisdiction (i.e., the supreme Court is to conduct the trial). In Our Constitution, We delegated to the supreme Court alone the authority to conduct the trials of cases in which States are a party. We most manifestly did NOT grant that power to inferior tribunals. And Congress may not alter, by any pretended “law”, Our grant of power which was to the supreme Court alone.

20 posted on 08/02/2010 11:27:53 PM PDT by Regulator (Watch Out!! The Americans are On the March!! America Forever, Mexico Never!)
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To: SirJohnBarleycorn
Congress has clarified the exclusive original jurisdiction to be only disputes between states:

And under what section of the Constitution was Congress given the power to grant any jurisdiction in these matters to lower courts?

34 posted on 08/03/2010 7:09:21 AM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: SirJohnBarleycorn

Did AZ goof this somehow? That is to ask,
was there something that AZ could have done
to get original jurisdiction in SCOTUS?


55 posted on 08/03/2010 3:20:37 PM PDT by Cyber Ninja (Live and let live; is not working...)
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