HunterS -> RE: THE PEOPLE HAS SPOKEN (11/5/2008 12:47:52 PM)
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ORIGINAL: variation30 quote:
ORIGINAL: HunterS Article 3 sections 1 and 2. Section 1 establishes the court and the tenure of its members. section2 defines its jurisdiction which is both original and appellate. Original in cases between the states or between the states and the federal government. The court draws its right of "judicial review" from its oath to uphold the constitution. This was first expressed by chief justice Marshall in Marbury v. Madison. H. Section 1 - Judicial powers The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office. Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials (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.) (This section in parentheses is modified by the 11th Amendment.) 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. hm...I'm not seeing anything about judicial review there. perhaps I am continually missing the part that says courts can define what is and is not constitutional yes, I'm familiar with marbury v. madison as well...but as I stated earlier, that decision is irrelevent as the constitution does not give them the power of judicial review...they gave it to themselves. sorry, but I don't think that's very just. What you think is just is of little consequence. We are discussing the constitution and the law. If you will refer to your own post above where it says, in blue, "Appellate Jurisdiction" in law and fact. For those whom English is not their primary language it means the court decides what is law and what is fact. This gives the court constitutional authority to say what is and is not constitutional. As I pointed out in my post, which you quoted, The oath of office for a supreme court justice requires him/her to uphold the constitution. If he/she is to do that they must of, necessity , interpret just what the constitution means and by extension which laws the congress passes fit the constraints placed on it by the constitution. This is usually a discussion carried on in high school history class and for you not to be aware of how the logic of judicial review is supported by the constitution speaks poorly of the educational institutions you attended. H.
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