HunterS -> RE: THE PEOPLE HAS SPOKEN (11/5/2008 2:01:00 PM)
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ORIGINAL: variation30 quote:
ORIGINAL: HunterS What you think is just is of little consequence. We are discussing the constitution and the law. what I think and what supreme court justices think are both of little consequence. the only thing that is of consequence is what is written in the constitution. let's not confuse this issue, we are not discussing the constitution AND the law...we are merely discussing the constitution - as the constitution IS the law. Once again you are wrong. The constitution authorizes the Congress to make laws. These laws are not part of the constitution but they are authorized by the constitution. Thus the supreme court has appellate jurisdiction over controversies in both the constitution and laws authorized by the constitution. quote:
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. for those of whom english is not their first language, I will dole out this bit of information: read the entire sentence before you declare what the sentence means. " 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." 'In all other cases before mentioned' is rather important, do you not think. this sentence means that the court shall have 'appellate jurisdiction, both as to law and fact' on the 'before mentioned cases'. now what cases were previously mentioned. well...the only sentence preceding this in 3.2 states that '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.' *yawn* you can't pick and choose... You seem to be the one doing the picking and choosing. 3/2 says: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 and which shall be made under their authority;'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.' If you are going to quote a sentence how about you quote the whole sentence. 3/2 is further modified by the 11 amendment. Modified not repealed.
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