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To: Publius Valerius

I'm saying that court doesn't have jurisdiction to hear the case.

Now that Congress has passed and the President has signed the law saying that the court has jurisdiction, you are wrong.

130 posted on 03/21/2005 12:45:24 PM PST by garybob (More sweat in training, less blood in combat.)
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To: garybob

Just because Congress does something that doesn't mean that it's constitutional.

Congress can't give the courts more jurisdiction than article III allows; for instance, Congress can pass a bill and the President can sign into law a bill that allows federal courts to have jurisdiction over advisory cases--where federal courts issue advisory opinions.

But all that work of Congress wouldn't mean that the Court has the proper jurisdiction to hear advisory opinions.

Look: we're running in circles here. The best hook to get jurisdiction, in my mind, is the due process clause of the 14th Amendment, but in my opinion, I don't think that takes you very far.

Anyway, I'm hungry and have some other things to do today, so I'm going to quit running in circles for the time being. I'm sure that this will be taken up again at a later date.


133 posted on 03/21/2005 12:48:57 PM PST by Publius Valerius
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