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To: Rurudyne
The Founders were rightly concerned, just as they indicate in the DoI, that this was a prelude to doing the same within the older colonies.

They were articulate and brilliant men. The birthright they gave Americans is woefully underappreciated, IMHO

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Speaking of jurisdiction of the judicial branch of the federal government, here's a little gem from Madison:

However true, therefore, it may be, that the judicial department is, in all questions submitted to it by the forms of the Constitution, to decide in the last resort, this resort must necessarily be deemed the last in relation to the authorities of the other departments of the government; not in relation to the rights of the parties to the constitutional compact, from which the judicial, as well as the other departments, hold their delegated trusts. On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve.
James Madison, Report on the Virginia Resolutions

The original intent was to allow the federal judiciary to decide cases that concerned the federal government, NOT the States.

9 posted on 10/13/2006 12:06:34 PM PDT by MamaTexan (I am not a ~legal entity~, not am I a 'person' as created by law.)
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To: MamaTexan
Bingo!

Only if a State were explicitly exercising one of the few forbidden powers or (later, as I indicate) they were actively denying the substance of the first 8 Amendments to their citizens OR disparaging specific civil rights which Congress had both defined and legally respected (whew! that's a run-on sentence!) could sCOTUS lawfully get involved.

For example, in a Roe-like case the only "lawful" similar decision that sCOTUS might have made (assuming Congress had first acted) would be to find that their created "fundamental right" would henceforth prevent Congress from respecting a Civil Right to life for the unborn.

Even then, sCOTUS could not prevent any of the several States from doing the same. Nor should they be able to now.
11 posted on 10/13/2006 12:20:38 PM PDT by Rurudyne (Standup Philosopher)
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To: MamaTexan
"Speaking of jurisdiction of the judicial branch of the federal government, here's a little gem from Madison..."

If you really want to get depressed go back an read Federalist Paper #11. This is the chapter from the Federalist Papers on the dangers of factionalism in a democratic government. In my day, most High School students were required to read this somewhere along the line. In it Madison acknowledges the dangers of faction in a pure democracy and explains all the safeguards contained in the Constitution to avoid these dangers. Thus, the reasoning behind our Democratic Republic. If you go back and read this you will see that every saftguard noted by Madison is now gone. (Seperation of power between States and Federal government, limited government, independent, non political judiciary, etc, etc.)

20 posted on 10/13/2006 1:11:12 PM PDT by joebuck
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