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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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To: garybob

What's your point?

Congress can CREATE inferior courts, no question, but the clause you sited is merely procedural--it says nothing about the substance of the judicial power. Indeed, look at the first three words: "The judicial power..."

What is the judicial power? For that, we turn to Section two. And we're back to where I was before.

Sorry I skipped that first step for you--to make it clear, I'm not arguing that Congress doesn't have the authority to create a court called the United States District Court for the Middle District of Florida; I'm saying that court doesn't have jurisdiction to hear the case.


124 posted on 03/21/2005 12:40:18 PM PST by Publius Valerius
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