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To: PubliusMM

No, the constitution mentions lower courts.

Article III of the Constitution. 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.


15 posted on 02/05/2017 4:43:18 AM PST by anton
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To: anton; veracious

The OP’s point was that Congress had no constitutional authority to do this. While Article III does mention lower courts, it appears that the only cases they are allowed to hear are:

cases involving admiralty and maritime jurisdiction,
cases involving the U.S. as a party (other than a state as the other party)
citizens of different states
citizens of the same state claiming lands under grants of different states
citizens of a state and foreign states, citizens, or subjects.

Cases involving states must be heard through original jurisdiction by SCOTUS. I’m sure that would slow down the docket considerably.

In actuality though the SCOTUS almost never hears a case through original jurisdiction. If they do, they typically appoint a “special master” who makes a decision then the case is treated like any other appellate case.


16 posted on 02/05/2017 5:52:45 AM PST by scrabblehack
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