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To: aristeides
I think this SCOTUS, as currently constituted, would strike down some or all of DOMA.

Frightening. Amazingly enough, that would put our "conservative" Supreme Court to the left of Bill Clinton on this issue.

When I was in law school, it was a matter of some controversy whether in fact Congress could constitutionally exercise its power in this way (although the text of the Constitution seems to make it pretty clear that Congress has the power, and the chastened post-Civil War SCOTUS acquiesced in one such restriction.)

"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." (Art. III, Sec. 2)

It seems pretty clear-cut to me -- then again, I only have a copy of the "old" Constitution, not the "living" Constitution SCOTUS uses. LOL

If Congress did vote to limit SCOTUS's appellate jurisdiction on this issue, would we be safe from court-imposed same-sex "marriage," at least in states with DOMA laws?

I appreciate your input.

112 posted on 06/29/2003 4:33:00 PM PDT by Rebellans
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To: Rebellans
Bill Clinton (at least prior to 1996) had to get elected.
115 posted on 06/29/2003 4:40:14 PM PDT by aristeides
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