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To: Crackingham
Absolutely false. The power to set jurisdiction only determines which cases will come before which courts. Standards of review are NOT part of jurisdiction. That is exclusively a court function.

Check your U.S. Constitution again. The lower federal courts exist at the whim of Congress. This includes all facets if Congress so desires, including both jurisdiction and standards of review. After what transpired, if I were in Congress, I'd seriously consider a bill limiting subject matter jurisdiction of the U.S. Court of Appeals for the 11th Circuit to appeals of Section 1983 cases involving left-handed migrant farmers named "Bob"...and mandate an abuse of discretion standard of review for such cases. I'd also take the opportunity to slash the judges salaries to 1/10 present compensation and defund their law clerks. Make the clowns write their own opinions.

72 posted on 03/31/2005 3:39:40 PM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: peyton randolph
Check your U.S. Constitution again. The lower federal courts exist at the whim of Congress. This includes all facets if Congress so desires, including both jurisdiction and standards of review.

I suggest you check your Constitution. It does not empower Congress to determine any aspect of how court proceeding will be conducted. Their authority to create courts does not give them any power to dictate the way judges will try individual cases. You are simply misinformed here. The power to create a court does not give them the power to control individual court hearings from the floor of Congress.

79 posted on 03/31/2005 3:48:03 PM PST by Crackingham
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To: peyton randolph

Ha. I like the way you think. :-)

It would be absurd to think that Congress can create or dissolve a court at its whim, but that it could not tell the court how to operate.

In my opinion, the courts have operated outside the Constitution on this matter. I do not believe for a second that our Constituion allows barbaric treatment of its people.

The Supreme Court is a joke. They tell us the death penalty is cruel and unusual punishment for murderers under the age of 18, but apparently feel that starving someone to death is ok.






136 posted on 03/31/2005 4:27:51 PM PST by planekT
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To: peyton randolph

****Check your U.S. Constitution again. The lower federal courts exist at the whim of Congress. This includes all facets if Congress so desires, including both jurisdiction and standards of review. After what transpired, if I were in Congress, I'd seriously consider a bill limiting subject matter jurisdiction of the U.S. Court of Appeals for the 11th Circuit to appeals of Section 1983 cases involving left-handed migrant farmers named "Bob"...and mandate an abuse of discretion standard of review for such cases. I'd also take the opportunity to slash the judges salaries to 1/10 present compensation and defund their law clerks. Make the clowns write their own opinions.

WOOHOO, I like your idea!!! Let's all email Congress with this idea.


165 posted on 03/31/2005 4:46:55 PM PST by jdhljc169
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