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To: jazusamo
Regardless of the judge and the particular case, I agree with the judge that congress designating things to be ineligible for judicial review is a violation of the checks and balances.

ARTICLE III
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.

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.

8 posted on 11/09/2012 10:56:01 AM PST by DannyTN
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To: DannyTN
Understood...The thing I don't understand about Molloy is how can he can agree with Congress on shielding an issue but still believe it's unconstitutional? That's a flat out contradiction.
9 posted on 11/09/2012 11:10:50 AM PST by jazusamo ("Intellect is not wisdom" -- Thomas Sowell)
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