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To: RedBloodedAmerican
the federal courts given jurisdiction by Congress
Ok, I'll jump out here. Congress can LIMIT the courts power to something less than what "we the people" gave it, but can not EXTENT its jurisdiction past that authority that we granted the judicial branch.



Art. III 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.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

What part of our Constitution granted Congress the authority to expand the courts jurisdiction?
If there is some part that gave the federal judicial branch authority to hear her case, then (unless at some time I am unaware of, that authority was limited by Congress) no law was needed to give them jurisdiction.

The Florida judicial system failed her. You could make the argument under the 14th amendment that she was not afforded equal protection under the law. (In which case no law by Congress was needed).

I wanted her life spared also, but we still can not allow our Executive and Legislative branches extra Constitutional license to expand the judicial branches jurisdiction.

GE
32 posted on 04/02/2005 9:44:46 AM PST by GrandEagle
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To: GrandEagle
I see, since the Executive and Legislative branch is subservient to the Judicial? That's crap. Who makes the laws?
43 posted on 04/02/2005 9:56:03 AM PST by Logical me (Oh, well!!!)
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To: GrandEagle
What part of our Constitution granted Congress the authority to expand the courts jurisdiction?

Article I, Section 8, "To constitute Tribunals inferior to the supereme Court;"

See Title 28 of the United States Code for laws made pursuant to that Constitutional Authority.

138 posted on 04/03/2005 5:41:42 PM PDT by Cboldt
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