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To: kkindt
Marbury v. Madison (1803)
"The judicial power of the United States is extended to all cases arising under the Constitution."
"It is emphatically the province and duty of the judicial department to say what the law is."
3 posted on 11/10/2003 1:26:03 PM PST by don'tbedenied
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To: don'tbedenied
Quoting a court decsion on what it's own power is, rather than the constitution, only proves kkindt's point.
6 posted on 11/10/2003 1:31:03 PM PST by Hugin
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To: don'tbedenied
Here's what the Constitution says...

Clause 1: 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; (See Note 10)--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.

Clause 2: 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.

So according to the plans of our founders, our representatives have the final say as to the extent of the Court's jurisdiction. They only need to assert themselves.

11 posted on 11/10/2003 1:46:01 PM PST by Sgt_Schultze
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