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; --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.
U.S Constitution
Article. III.
Section. 2.
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.
It's right there in the beginning, Art. 1, Sect. 8, Clause 1, where it deals with imposts [and by extension, the impostors]. Read broadly, it gives the Congress the power to impose themselves wherever they might wish...
Few people realize that Congress has the ability to simply abolish certain courts, re-fashion the judicial system and, in essense, "inferior" courts serve at Congresses pleasure.
I have never understood why Congress hasnt really exercized this power (except for changes in circuit courts, appointing bankruptcy and family courts, etc.) I'm glad that they haven't but it is within their power.
Problems arise with ex post facto laws here but I really think it's time we got away from the Constitutional quagmire when the real issue is the fact that NOTHING in the Constitution protects a bigamist and adulterer from having Guardianship removed when it can be proved his actions are not only nefarious but not in the best interests of his charge.
You dont need a freaking judge or Constitutional amendment to get a court to step in and stop a murder. If they WONT do it, Congress under Article III should perhaps revoke the entire district court system since, after the antics of the 1st and 9th circuits, it is clear these courts act have a great propensity to act as rogues.
It doesn't really matter, the judge ignored congress.
Who cares what the Constitution says about this? When did whatever was in the Constitution stop the Democrats from pushing their agenda down out throats. Perhaps turnabout is fair play here.