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To: MeanWestTexan
"That said, we have, for right and wrong, allowed the Supreme Court to be the arbitor of what is, and is not, Constitutional."

Is that not, under the Constitution, the actual power given to the Supreme Court?

22 posted on 07/20/2005 7:21:10 AM PDT by Sam Cree (Democrats are herd animals)
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To: Sam Cree

No, I believe the Constitution is silent on the issue.

The Supreme Court seized that power for itself in Marbury v. Madison, but I would defer to a lawyer or the like. I am a simple engineer and geologist.


32 posted on 07/20/2005 7:28:24 AM PDT by MeanWestTexan
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To: Sam Cree

Is that not, under the Constitution, the actual power given to the Supreme Court?

Yes but it was assumed that they would rely on the words of the Constitution in making their determinations,unfortunately they do not feel so bound and are therefore no longer a legitimate body.


47 posted on 07/20/2005 7:45:54 AM PDT by freedomfiter2
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To: Sam Cree
Is that not, under the Constitution, the actual power given to the Supreme Court?

If it is, the authors disguised it pretty well. Here's what the Constitution says:

Article III
Section. 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2. 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 [Modified by Amendment XI]; — 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.
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.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

72 posted on 07/20/2005 1:20:29 PM PDT by El Gato
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