To: sourcery
I did not "misquote from Justice Scalia." I copied and pasted directly from the Scalia opinion. There is a typo in the slip opinion, which will certainly be corrected in the printed version of the opinions.
It is Article III, Section 2 (not Article II, Section 2), which gives Congress the power to limit the jurisdiction of the federal courts, except for the "original jurisdiction" of the federal courts. This is a power which the Supreme Court has recognized and followed, universally in the past.
This is why the majority in the Hamdan case went through about ten pages of a legal tap dance, to "explain" why the 2005 law from Congress did not oust its jurisdiction in the present case. Otherwise, the Court would have had to reverse all those prior cases. This way, the majority could pretend to be obeying the prior law, whereas Justices Scalia and Thomas pointed out that they were rejecting the prior law.
I should have caught the typo in the opinion, since everyone knows that Article I deals with powers of Congress, Article II deals with powers of the President, and Article III deals with powers of the courts.
John / Billybob
To: Congressman Billybob
There is a typo in the slip opinionAh, thanks for the explanation. As far as I'm concerned, that resolves the matter.
181 posted on
07/01/2006 12:42:30 PM PDT by
sourcery
(A libertarian is a conservative who has been mugged ...by his own government)
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