Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: spunkets

Because you're a fellow cheesehead, I'll go easy on you. Just answer me this: To what do you think the words, "In all other Cases before mentioned," in the second sentence of Clause 2 refer?

Forward!


150 posted on 07/09/2005 5:38:21 PM PDT by PeoplesRepublicOfWashington (Washington State--Land of Court-approved Voting Fraud.)
[ Post Reply | Private Reply | To 144 | View Replies ]


To: PeoplesRepublicOfWashington
" To what do you think the words, "In all other Cases before mentioned,""

"--to Controversies to which the United States shall be a Party;--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, or a citizen of a State and the State under the 14th.

Then: "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 ability to proscribe regs is clear enough. The ability pick and choose which acts of Congress, or the States are subject to judicial review and the 2nd Clause's, "with such exceptions to law and fact isn't". The exceptions to law and fact includes such things as evidentiary rules. The exceptions do not extend to allowing Congress to exclude Judicial review itself, or from excluding certain acts of Congress, or any lower body from that judicial review. Clause 1 states' "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made". If the founders had intended to allow Congress to limit any case(s) of law, they would have included the mention here and not in the second clause with process and structure entries. It makes no sense to have a court limited to what it may consider, by the ones creating the subject matter otherwise subject to consideration. Especially when the initial and fundamental jurisdictional clause is given as, in all cases", w/o exception.

IOWs, the mention of "exception (of law)" in the 2nd clause, in no way limits what acts of COngress, or a lower jurisdiction can review. The only limit(s) to that, is what the court itself may choose to make.

167 posted on 07/09/2005 6:34:37 PM PDT by spunkets
[ Post Reply | Private Reply | To 150 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson