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"The Era of Osama lasted about an hour, from the time the first plane hit the tower to the moment the General Militia of Flight 93 reported for duty." 
Toward FREEDOM
Posted on 03/18/2004 10:11:11 PM PST by JohnHuang2
What did he say that was incorrect?
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.
His thesis is that the Supreme Court is Mount Olympus and that Congress can not make exceptions to what they can rule on or regulate them.
I still don't see that but I'll take your word for it.
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"The Era of Osama lasted about an hour, from the time the first plane hit the tower to the moment the General Militia of Flight 93 reported for duty." Toward FREEDOM
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.
I would interpret all other cases before mentioned to refer to all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party , not to the cases in the first paragraph.
Otherwise, it negates 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.
IOW, Congress is limited to restricting the Supreme Court in regard to ambassadors, public ministers, etc., and only in its appellate authority as to law and fact.
Because they don't have the balls too take on the judges directly. And since they won't. I doubt they plan to enforce any of this that they are purposing in a matter in which would the actually help the law-abiding citizens of this nation.
For example, if this is passed and the next day the Supreme Court declared the IRS unconstitutional, the Congress with just override the decision.
Because they don't have the balls too take on the judges directly.
It was a rhetorical question.
The previous sentence says that cases "affecting ambassadors etc." are those in which the SC has original jurisdiction. This sentence therefore cannot grant appellate jurisdiction to the same cases. That would be absurd.
Consequently, it is clear that Congress cannot limit the SC's (original) jurisdiction with regard to ambassadors, etc., and that Congrss can limit the SC's (appellate) jurisdiction with regard to "all cases, in law and equity, etc.".
That said, I think that this proposed bill is silly. Congress should not pretend that it can vote itself the power to declare that something is constitutional, and, as the earlier poster pointed out, with the same majority it could simply impeach a Supreme Court justice which it felt had rendered an outrageous decision.
Actually, as I reread this, you may be right.
Still, it doesn't make sense that Congress could govern the USSC in matters that the United States is a party to. It allows Congress to stack the deck.
I would interpret all other cases before mentioned to refer to all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party , not to the cases in the first paragraph.
" 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. "
That means no lower court is allowed to hear these cases.. ( at least, according to the constitution..)
It cannot be taken "literally" however, because if the Supreme Court had original jurisdiction in all cases in which a state is a party, then "State of Vermont vs. John Jones" would have to be heard in the Supreme Court..
Obviously, the States have a lower court jurisdiction over criminal and civil cases within their borders and environs. Likewise, County and Municipal Courts are accorded the same authority, with subsequent appellate authority residing in the appropriate "superior" courts.
Thus, Section 1.
All others can and should be heard by lower courts, as referred to in Section 1.. 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.
In the case of lower courts and the judicial decisions they make, the Supreme Court has appellate jurisdiction.
This includes situations defined in the 1st paragraph, such as ...all cases of admiralty and maritime jurisdiction;...to controversies to which the United States shall be a party;( with exception for cases in which a state may be a party )... between citizens of different states...( with a "possible" exception for the instance cited of citizens (of the same state)claiming lands under grants from different states ) .. as well as criminal law, civil law, federal and state law where it applies to the bill of rights, and other laws concerning the rights of individuals or corporations, etc., etc., etc...
Now, with respect to those appellate courts, and the law, Section 2. states,...
... Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
Therefore, congress has the power to set the rules, "exceptions", and regulations, under which those courts will operate, by passing laws which those courts must respect and operate under.
Likewise, with exception for those cases where the Supreme Court has "original jurisdiction", the Supreme Court itself is bound by such exceptions, and regulations as the congress shall make.
The Congress already has the power to tell the Supreme Court what the constitution means.
The Supreme Court has the responsibility of ruling on law and fact according to the constitution, not "interpreting" the constitution itself.
Interpretation of the constitution (and it's amendment) is a power reserved to "the people" and their elected representatives.
The backers of this amendment are using the crisis with judicial activism as an excuse to push an entirely different agenda. They need to be kept under close scrutiny.
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