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To: garybob

Well, let's see:

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution...

Nope, nothing here--unless you want to try to make a case--but certainly nothing jumping to mind.

...the laws of the United States...

Ok, we've got a law, but the question now becomes whether that law is valid. What authority does Congress have to enact laws? Article I, Sec. 8. Let's go there.

The Congress shall have power to lay and collect taxes...

Nope.

To borrow money on the credit of the United States...

Nope.

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes...

Nope.

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States....

Nope.

To coin money...

Nope.

To provide for the punishment of counterfeiting the securities and current coin of the United States...

Nope.

To establish post offices and post roads;

Nope.

To promote the progress of science and useful arts...

Nope.

To constitute tribunals inferior to the Supreme Court...

Nope.

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations...

Nope.

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water...

Nope.

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

Nope.

To provide and maintain a navy;

Nope.

To make rules for the government and regulation of the land and naval forces;

Nope.

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

Nope.

To provide for organizing, arming, and disciplining, the militia...

Nope.

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States...

Nope.

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers...

Nothing applies.

So you've got an invalid law, and I certainly don't think you can argue that an invalid law would grant jurisdiction, and even if it did, it should be unconstitutional on the merits.

so what's your argument?


110 posted on 03/21/2005 12:30:14 PM PST by Publius Valerius
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To: Publius Valerius
To constitute tribunals inferior to the Supreme Court

Go look up the word "constitute" and you will have an answer.

115 posted on 03/21/2005 12:34:24 PM PST by thoughtomator (Death to Terri! Death to Israel! Death to the Great Satan!)
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To: Publius Valerius

So you've got an invalid law, and I certainly don't think you can argue that an invalid law would grant jurisdiction, and even if it did, it should be unconstitutional on the merits.

Funny that you didn't mention Article. III., Section. 1...

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Wonder how you missed that one?

123 posted on 03/21/2005 12:37:34 PM PST by garybob (More sweat in training, less blood in combat.)
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