Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Interposition

More on Article III Section 2 Jurisdiction Stripping
http://en.wikipedia.org/wiki/Jurisdiction_stripping


4 posted on 07/07/2008 6:54:21 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Libertarianize the GOP
That is a very informative link. It contains some comments about Justice Joseph Story’s take on the issue. Reddish’s testimony is at odds with Story’s story:
Early in the nation's history, Justice Joseph Story argued that the words, ''shall be vested'' in Article III dictate that the lower federal courts must exist to exercise judicial power in those cases constitutionally excluded from both the highly limited original jurisdiction of the Supreme Court and the jurisdiction of the state courts. Were the jurisdiction of the lower federal courts not to exist in such cases, the command of Article III that some federal court be available to adjudicate the case—either a lower court or the Supreme Court—would be violated. However, even if Story were correct in his assumption that the words, ''shall be vested'' are to be construed to be a command—by no means an obviously correct construction—he ignored the fact that, given the nature of the Madisonian Compromise that led to the drafting of Article III, there are absolutely no federal cases constitutionally excluded from state court jurisdictional authority. Thus, the entire logic of Story's theory breaks down. It is therefore not surprising that, while the theory has acquired some modern scholarly support, it has been virtually ignored by the courts. See Linda Mullenix, Martin Redish & Georgene Vairo, Understanding Federal Courts and Jurisdiction 7–9 (Matthew Bender 1998).

5 posted on 07/07/2008 7:14:29 PM PDT by Interposition
[ Post Reply | Private Reply | To 4 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson