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To: Crackingham
Congress doesn't have the Constitutional authority to order a de novo review. Any move by Congress to tell the Courts how to conduct in-court procedures is a direct violation of the Constitution.

Huh? Here's the relevant clause:

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Congress can make any exception and regulation of appellate review they so desire.
67 posted on 03/31/2005 3:37:35 PM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: FreedomCalls
The Congress can make any exception and regulation of appellate review they so desire.

Absolutely false, that passage grants them the power to apply exceptions and regulations to jurisdiction only, not appellate review. Appellate review is not jurisdiction. Those things are completely separate.

77 posted on 03/31/2005 3:43:03 PM PST by Crackingham
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To: FreedomCalls

That clause deals with jurisdiction only. It does not give Congress the right to tell the Courts HOW to conduct in-court procedures.


267 posted on 03/31/2005 6:26:52 PM PST by ContraryMary (WPPFF Member)
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