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To: P-Marlowe
Check out Art. III, Section 2., Para. 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.

542 posted on 12/20/2002 4:01:26 PM PST by Aristophanes
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To: Aristophanes
Now Arisophanes, you're a smart guy, you're a greek philosopher, tell me: Who do you think gets to interpret that clause?

Now after you've answered that question, do you think that the same people who get to interpret that clause are going to interpret it to mean that the Supreme Court would not have jurisdiction over those matters which are contained in the various amendments to the Constitution, such as the Bill of Rights?

Getting around Article III Section 2 Paragraph 2 is a walk in the park compared to how the SCOTUS twisted the constitution to come up with Roe v. Wade.

Even if the congress were to strip the Supreme Court of appellate jurisdiction, that would not mean that the Congress could eliminate all appellate jurisdiction from all Federal Courts as this would clearly violate the 5th and 14th amendment rights to due process and these amendments would supercede any limitations on due process that could be otherwise be interpreted to be within Art 3, §2 para 2.

The bottom line: It won't work. So don't even bother going there. Trust me on this one. I'm trained in this field.

545 posted on 12/20/2002 4:23:35 PM PST by P-Marlowe
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