July 29, 2004
More on Repukes Gutting Constitution
Dum Luks posted the following in the comments section regarding the Repukelican House o' Reps attempt to destroy the independent judiciary and all rights for everybody.Kevin Drum gives the constitution quote which may be interpreted to give congress the power to make 'exceptions' to the judiciary's power.
-- ml
Article 3, Section 2 of the United States constitution outlines the jurisdiction of the Supreme Court:
....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.
I don't know what Drum actually posted, and I'm not sure I care. He worries me. Here is all of Article 3, Section 2:
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.Now, II read that as, in part, in all cases where a state is a party, the Supremes have original jurisdiction. I see nowhere where the Congress is given the right to make exceptions or regulations regarding original jurisdiction.
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.
It seems odd to me that it has taken over 200 years for Congress to claim that it can restrict the court in this way. It seem stranger to me that our vaunted "free," "liberal" press is not talking to a bunch of people who are Constitutional scholars. I think a lot of us would be very interested.
If, somehow, this idiocy does stand up, then it's time to change the Constitution, and fast. Don't kid yourself for a second that this is about Gay marriage or Gay rights. This is about everybody's rights. What if the Congress had forbidden the Court to rule in Brown vs. Board of Education? Jose Padilla (as in, kiss habeas corpus goodbye)? Habeas corpus only goes back to at least 1679. But pick any right for anyone. All of a sudden all our rights will be subject to the whims of a majority of the lechislature where, as we know, the biggest lechers are Repukes. And why not? It's easy to be a lecher when you flat don't give a shit about other people.
posted
1:42 PM by
Phaedrus | Link |
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