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To: Consort
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. He is wrong.

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.

5 posted on 03/18/2004 10:32:58 PM PST by jwalsh07 (We're bringing it on John but you can't handle the truth!)
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To: jwalsh07

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.

6 posted on 03/18/2004 10:38:32 PM PST by Consort
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To: jwalsh07
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. He is wrong.

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.

10 posted on 03/18/2004 11:29:34 PM PST by Ken H
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