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

To: Non-Sequitur
What procedure does the Constitution lay out for proving qualifications?

There are lots of things in the Constitution for which it does not lay out the procedure for discovering and correcting violations.

But there is a provision for such things.


Constution for the United States
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.

969 posted on 09/12/2009 2:25:24 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 815 | View Replies ]


To: El Gato
There are lots of things in the Constitution for which it does not lay out the procedure for discovering and correcting violations.

Hence the need for laws that do. Unfortunately there don't seem to be any.

But there is a provision for such things.

And in this case the Supreme Court does indeed have appellate jurisdiction. But so far none of the cases filed have made it that far.

972 posted on 09/12/2009 2:29:50 PM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 969 | 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