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To: GOPGuide

"It is not his opion it is a FACT that Congress can define jurisdiction."

Of course Congress can. Nobody disputes that.
But that is limited.
Congress cannot remove the Supreme Court's jurisdiction to review acts for Constitutionality. It can remove access to the courts on the merits of an issue, but it cannot remove from the Supreme Court the power to review a law to say whether or not it's a legal law under the Constitution.


237 posted on 11/04/2005 10:23:17 AM PST by Vicomte13 (Et alors?)
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To: Vicomte13
Congress cannot remove the Supreme Court's jurisdiction to review acts for Constitutionality. It can remove access to the courts on the merits of an issue, but it cannot remove from the Supreme Court the power to review a law to say whether or not it's a legal law under the Constitution.

Exactly which clause in the Constition grants the Supreme Court this power and jurisdiction to review acts of Congress for Constitionality in the first place? As I recall, the Supreme Court created this power for themselves out of whole cloth and that it is nowhere enumerated in the Constitution. On the otherhand, the power of Congress to limit the jurisdiction of the Supreme Court is clearly written into the Constitution in black and white.

We would be getting into an interesting legal paradox if the Supreme Court overstepped their Constitutional Authority by unconstitutionally making a ruling in an area of law where Congress had constitutionally limited their jurisdiction.

People who are arguing that the Supreme Court has this power are advocating a system very similar to Iran's where an unelected group of Mullahs reign supreme and can over-rule anything done by the elected rerpresentatives of the people.

254 posted on 11/04/2005 10:55:22 AM PST by jackbenimble (Import the third world, become the third world)
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