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To: Jacquerie
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.

So, the "judicial power" is here defined, and it includes the cases where Constitutional meaning will be questioned, as we have seen in 200 years of practice. The power, then, resides with the independent judicial branch to interpret the Constitution.

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.

This Congressional regulation you are celebrating does not remove from the national judiciary jurisdiction over such cases. It only gives Congress the power to make some other federal court the final say. Either way, the final word resides in federal (national) court.

It's funny that you argue that the Constitution is perfect, and yet refuse to accept its workings. The Congress decides for itself what is Constitutional? LoL!

47 posted on 12/11/2009 10:23:26 AM PST by Huck (The Constitution is an outrageous insult to the men who fought the Revolution." -Patrick Henry)
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To: Huck
Sorry the truth bothers you. The Congressional power to deny jurisdiction is a significant, Constitutional check on the courts.

I don't claim the Constitution is perfect. I am only aware that you daily disparage the best system of government ever devised.

50 posted on 12/11/2009 11:38:37 AM PST by Jacquerie (Support and defend our Beloved Constitution!)
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