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To: steve-b
Congress cannot remove "federal" appellate jurisdiction. It can only constrain the appellate jurisdiction of the Supreme Court (which would have the effect of making the circuit court the "court of last resort" setting the binding precedents for each district).

Actually, Congress has the ability to remove circuit court jurisdiction or disband the Circuit Courts altogether. The Circuit Courts do not exist but for a Congressional mandate establishing them. See U.S. Const. Art. III, Sec. 1.

167 posted on 07/14/2004 10:53:55 AM PDT by Texas Federalist
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To: Texas Federalist
Again, we're back to the same basic mistake. Congress can remove all jurisdiction from a particular lower court, or remove appellate jurisdiction from the Supreme court, but any case arising under the federal Constitution will nevertheless get into the federal court system somewhere (see the description of the power of the federal judiciary at the beginning of Article III).

Really, if it were as easy as some people think, the left would have long ago passed a law saying 1)hand in your guns and 2)the courts can't do anything about it.

244 posted on 07/14/2004 12:17:10 PM PDT by steve-b (Panties & Leashes Would Look Good On Spammers)
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