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To: AZ_Cowboy


The Courts get their power from Congress.


27 posted on 03/21/2005 12:21:04 PM PST by LauraleeBraswell ( CONSERVATIVE FIRST-Republican second.)
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To: LauraleeBraswell
The Courts get their power from Congress.

Wrong. The federal courts get their power from the United States Constitution. The state courts get their power from their state constitutions.

57 posted on 03/21/2005 12:32:40 PM PST by Wolfstar (If you can lead, do it. If you can't, follow. If you can't do either, become a Democrat.)
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To: LauraleeBraswell

The FEDERAL Courts get their power from the Constitution.

Congress has no Constitutional power over the state courts. You cannot cite the section of the Constitution that grants this power because it does not exist. Repeatedly shouting it doesn't make it any more true, either.

But don't take my word for it. How about this from Justice Scalia?

"I would have preferred that we announce, clearly and promptly, that the federal courts have no business in this field; that American law has always accorded the State the power to prevent, by force if necessary, suicide - including suicide by refusing to take appropriate measures necessary to preserve one's life; that the point at which life becomes "worthless," and the point at which the means necessary to preserve it become "extraordinary" or "inappropriate," are neither set forth in the Constitution nor known to the nine Justices of this Court any better than they are known to nine people picked at random from the Kansas City telephone directory; and hence, that even when it is demonstrated by clear and convincing evidence that a patient no longer wishes certain measures to be taken to preserve her life, it is up to the citizens of Missouri to decide, through their elected representatives, whether that wish will be honored. It is quite impossible (because the Constitution says nothing about the matter) that those citizens will decide upon a line less lawful than the one we would choose; and it is unlikely (because we know no more about "life-and-death" than they do) that they will decide upon a line less reasonable. (emphasis added) Cruzan v. Director, MDH, 497, U.S. 261 (1990)"

And

"I am concerned, from the tenor of today's opinions, that we are poised to confuse that [497 U.S. 261, 293] enterprise as successfully as we have confused the enterprise of legislating concerning abortion - requiring it to be conducted against a background of federal constitutional imperatives that are unknown because they are being newly crafted from Term to Term. That would be a great misfortune. Cruzan v. Director, MDH, 497, U.S. 261 (1990)--Justice Scalia"


366 posted on 03/21/2005 5:55:07 PM PST by NCSteve
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