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To: edsheppa

Per the Constitution, Congress can decimate the entire federal court system and severely limit its jurisdiction by a simple majority.


21 posted on 12/07/2004 9:22:57 PM PST by Notwithstanding
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To: Notwithstanding; P-Marlowe
Congress can decimate the entire federal court system and severely limit its jurisdiction

Almost true. They can dictate the jurisdiction of any federal court inferior to the Supreme Court. Indeed, they do exactly that with the Federal Rules of Civil Procedure.

The Supreme Court, however, has originial jurisdiction over any matter arising from federal law or the Constitution, and nothing Congress can do short of a Constitutional Amendment can change that.

This article, quite frankly, sounds like a pipe dream dreamt up by someone with only enough knowledge of Constitutional law to be dangerous. There is no way a talismanic disclaimer at the end of a law could prevent the Supreme Court from reviewing it, especially from questions arising from the Constitution itself.

In order to allow this proposal to pass, we'd have to chuck the entire concept of judicial review from Marbury v. Madison. And that would require a Constitutional Amendment itself.

22 posted on 12/07/2004 9:32:46 PM PST by jude24 (sola gratia)
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To: Notwithstanding
The wording is clear - Congress has authority to regulate the appellate jurisdiction of the Supreme Court.
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.
Congress has no similar grant of authority to regulate the original jurisdiction of whatever inferior courts have been established.
24 posted on 12/07/2004 10:04:02 PM PST by edsheppa
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To: Notwithstanding; edsheppa; Ed Current

"Per the Constitution, Congress can decimate the entire federal court system and severely limit its jurisdiction by a simple majority."

Now we all know what to tell Santa we want for Christmas.

"decimate the entire federal court system" Prayers being sent up.


25 posted on 12/08/2004 4:05:34 PM PST by cpforlife.org (The Missing Key of The Pro-Life Movement is at www.CpForLife.org)
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