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To: Crackingham
Congress doesn't have the Constitutional authority to order a de novo review.

Congress has the constitutional authority to set the jurisdiction of the lower federal courts. This includes mandating the standard of review to be applied. SCOTUS can disagree...but not the lower courts.

36 posted on 03/31/2005 3:24:09 PM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: peyton randolph
Congress has the constitutional authority to set the jurisdiction of the lower federal courts. This includes mandating the standard of review to be applied.

Absolutely false. The power to set jurisdiction only determines which cases will come before which courts. Standards of review are NOT part of jurisdiction. That is exclusively a court function.

50 posted on 03/31/2005 3:29:45 PM PST by Crackingham
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