Posted on 09/08/2010 11:15:03 PM PDT by GracieB
If this is in fact true, seems to me The honorable judge Bolton is in desperate need of impeachment and removal for judicial malfeasance.
Defiant is absolutely correct and your response shows complete ignorance of the Constitution and the powers and jurisdiction of the SCOTUS.
Art. III, §2 gives the Supreme Court original jurisdiction over certain types of cases, including cases in which a State is one of the parties. There is a significant difference, however, between "original" jurisdiction and "exclusive" jurisdiction: Art. III, §1 gives Congress the power to create "inferior courts" (i.e., district courts), and in doing so, Congress has given jurisdiction to the inferior courts that overlaps the original jurisdiction of the Supreme Court, including jurisdiction to hear cases in which a State is one of the parties.
In addition, under the Separation of Powers doctrine, the Supreme Court, since its earliest days, has interpreted the original jurisdiction clause to mean concurrent jurisdiction, as opposed to exclusive jurisdiction, with the jurisdiction of the inferior courts that Congress has created. Indeed, by its own rules -- again, under the Separation of Powers Doctrine -- the Supreme Court has limited its original jurisdiction, with few exceptions, to appellate jurisdiction from the inferior courts that Congress has created under Article III. (One of the exceptions is that the SCOTUS has retained original jurisdiction over cases between two states that involve territorial boundaries.) Thus, the Supreme Court could have exercised original jurisdiction, over the Arizona Immigration Case, it has by rule and precedent chosen to to defer to the the concurrent jurisdiction of the District Courts.
Lastly, before you blame "law school revisionism" and liberal activist judges for overriding and perverting the Constitution, please note that the Supreme Court precedent and rulemaking authority to limit the exercise of the Court's original jurisdiction, goes back to the days of Chief Justice John Jay (one of the authors of the Federalist Papers) and Chief Justice John Marshall, at a time when the Justices on the Supreme Court who made the rules and precedent to limit original jurisdiction, were the Founding Fathers of our great nation.
The “opinion” was written by the village idiot too.
Unless I’m mistaken congress amended federal law to allow US District Courts to hold concurrent original jurisdiction over cases involving ambassadors
This has been around for a while; it’s dreck.
There were no federal circuit courts at the time of the writing of the Constitution—only the Supreme court is mentioned as the federal court. Circuit courts, and in fact the whole federal judicial system itself, were set up as a kind of extension of the Supreme Court, therefore when the Constitution says the Supreme Court has original jurisdiction, this functionally means federal courts have original jurisdiction, instead of local or state courts.
If they have “appellate jurisdiction” it means that state and local courts could try a case, but, the case could then be appealed to the federal courts.
Therefore it appears this is a stupid and ill-informed article.
Any first year law student—or just someone who’s had paralegal training (as I have) can tell you this.
Thanks, Labyrinthos, you said it all so I don’t have to.
OK, it's one of those days where my brain cells aren't functioning all that well*. I'm assuming you mean a clerk in Bolton's court who wrote the opinion. Am I wrong?
*Too much golf...but pretty good golf... :)
No, you are correct ;-)
OK, then maybe my mind isn't as muddled as I thought. Too much going on lately, and too much lousy weather as well. It's too soon for Fall.
Down to a peak of about 90 here, and the cost to play golf will soon double ;-)
It’s been very windy with gusts up to 50+ earlier this week. Yesterday was cloudy and around 70. Today, sunny and low 70’s but rain coming later this evening. I think the balmy days may be over.
I spent 11-1 downtown working Kiwanis Peanut Day. Then again from 4-5 out at Wal-Mart. Beautiful day, but I hope the rain holds until I finish that last shift. Three more weeks and my term as president ends. I’m looking forward to that. I’m letting the new guy do more and more as well. Heh.
Yeah, golf will double shortly for the Snowbirds. We don’t have that problem here. We’ll golf through October, maybe into November. Then it’ll be March before the courses open again. Rarely, we’ll have a Winter that allows us to golf through the season, but Winter’s been getting colder the past few years, and I don’t expect that to happen this year. Anyway, I have my little membership at a local 9-holer, so I don’t worry about it.
PEANUT Day ??
It’s a Kiwanis fundraiser. We have two clubs in town, which join together for this one event. We provide small bags of peanuts in exchange for freewill donations, money we turn around back to the community in support of youth-related programs. We have some other fundraisers during the year, but this is one that’s a national, if not international, in scope.
Sounds like a worthwhile endeavor. Good luck with it.
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