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To: rcofdayton
"If Republicans were serious about putting a crimp on abortions, they would remove jurisdiction of the federal courts to hear such cases."

From a Constitutional perspective, how would they go about doing that?

132 posted on 08/05/2003 9:57:08 AM PDT by MEGoody
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To: MEGoody
Article I, Section 8, clause 9 authorizes the Congress to "constitute Tribunals inferior to the supreme court." Article III of the Constitution creates, generally, the Supreme Court. But many things are left to Congress, such as determining the number of judges. It states, "The judicial Power of the United State, shall be vested in one supreme Court, and in such inferior tribunals as the Congress may trom time to time ordain and establsih." Section 2 of Article III states that for most cases the Supreme Court shall have appellate jurisdiction "with such Exceptions, and under such Regulations as the Congress may by Law have directd."

As interpreted by the courts, what this means that Congress, since it has the right to create inferior court (federal district and appellate courts), it may also limit their jurisdiction. There is some question whether it may do so with the Supreme Court. But as for the inferior court, the Congress could pass a law stating they do not have jurisdiction to hear cases concerning abortion.
915 posted on 08/08/2003 12:10:41 PM PDT by rcofdayton
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