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To: spunkets
That's quite the tortuous explanation. Here are the two clauses in question in their entirety:

Clause 1: 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, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; (See Note 10)--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. 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.

Okay, in Clause 1 judicial power for all Constitutional cases of law and equity is granted to the Supreme Court. In Clause 2 the Court is given original jurisdiction in some types of cases. Clause 2 says that in all other types of cases the Supreme Court has appellate jurisdiction unless Congress makes exceptions. In other words, Congress cannot limit jurisdiction for those types of cases singled out in Clause 2, but for all other types of cases listed in Clause 1 it can.

In the past year some in Congress have talked about applying their authority to limit the federal courts by passing a statute that would prohibit the courts from determining whether or not it is Constitutional to keep the phrase, "under God," in the Pledge of Allegiance. What's keeping Congress from using this authority is their wobbliness (this applies to most 'Icans) or their religion (their faith-based belief--one can't find it in the Constitution--that the Supreme Court is the final authority; this applies to most 'Rats).

So why do you choose to worship at the alter of the Supreme Court along with most 'Rats?

179 posted on 07/09/2005 7:22:46 PM PDT by PeoplesRepublicOfWashington (Washington State--Land of Court-approved Voting Fraud.)
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To: PeoplesRepublicOfWashington
"appellate jurisdiction unless Congress makes exceptions."

Appealate refers to process, not jurisdiction. An appellate court hears appeals, not original cases. There are and can be no exceptions to jurisdiction and limits on scope of the law, as per the 1st Clause. It's totally illogical to take the second clause as allowing limits and exceptions to the 1st Clause. It would destroy the balance of power intended by the creation of the 3 braches. Congress could rule over them all and do whatever it pleases.

"some in Congress have talked about applying their authority to limit the federal courts by passing a statute that would prohibit the courts from determining whether or not it is Constitutional to keep the phrase, "under God," in the Pledge of Allegiance. What's keeping Congress from using this authority..."

Is the recognition of the rest that it's an illogal train that leads to abandoning all semblence of Constitutional govm't for the creation of a tyranical Congress. One that picks and chooses which laws are open to review according to what indications come from the judiciary.

181 posted on 07/09/2005 7:47:46 PM PDT by spunkets
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