To: AaronInCarolina
You missed a comma. Boolean construction doesn’t apply.
32 posted on
07/31/2010 12:53:37 PM PDT by
Lurker
(The avalanche has begun. The pebbles no longer have a vote.)
To: Lurker
You missed a comma. Boolean construction doesnt apply
If a boolean AND does not apply, then that would nullify the previous paragraph, where numerous cases involving a state (and separately some involving just ambassadors) were stated to be appellate jurisdiction:
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;--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.
These are the aforementioned "other Cases" in the subsequent paragraph:
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.
It doesn't make sense to declare numerous scenarios which involve a State to be appellate jurisdiction, and then follow that with a paragraph where one clause is interpreted as meaning all cases involving a state are SC original jurisdiction.
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