Originally posted by: Evan Lieb
Originally posted by: sirjonk
Originally posted by: Evan Lieb
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Ah, I see what Fern meant. Good find. But I also see this, which what is first listed in his proposed act:
The Congress finds the following:
(1) -snip-
(2) -snip-
(3) Article III, section 2 of the Constitution of the United States gives Congress the power to make `such exceptions, and under such regulations' as Congress finds necessary to Supreme Court jurisdiction.
(4) Congress has the authority to make exceptions to Supreme Court jurisdiction in the form of general rules and based upon policy and constitutional reasons other than the outcomes of a particular line of cases. (See Federalist No. 81; United States v. Klein, 80 U.S. (13 Wall.) 128 (1872)). I haven't seen that case, hopefully I'll get time to check it out - oh crap it's from 1872, not sure I can get a copy.
(5) Congress has constitutional authority to set broad limits on the jurisdiction of both the Supreme Court and the lower Federal courts in order to correct abuses of judicial power and continuing violations of the Constitution of the United States by Federal courts.[
(11) Congress has the responsibility to protect the republican governments of the States and has the power to limit the jurisdiction of the Supreme Court and the lower Federal courts over matters that are reserved to the States and to the People by the Tenth Amendment to the Constitution of the United States.
As to the above references asserting Congressional control over judicial juridiction. Check out Madison v Marbury. IIRC, that case set precedence where SCOTUS used Constitutional argument/construction to pretty much blow that sh!t right outta the water. That case occured right about 1800. It hasn't be overturned, or even really challenged AFAIK.
I'm not a constitutional scholar, but Congress does have the right to overturn and correct what they perceive as unjustified SC decisions affecting all 50 states, be it with a law or amendment to the Constitution. The best example being Texas v. Johnson and U.S. v. Eichman in the early 90's, where Congress got pretty far before coming up short in passing an amendment on flag burning.
I'll agree with teh part about a passing a Constitutional amendment along with the states' ratification.
But where do you get that part about "Congress does have the right to overturn and correct what they perceive as unjustified SC decisions affecting all 50 states, be it with a law.."
You seem to be saying that Congress can pass a law to overturn SCOTUS decisions they don't agree with. I don't think so, so I'd like to see what you got.
Of course, Paul's extremism on state's rights is concerning, but the list you posted of his act includes religion, sexual orientation, and sexual reproduction as those that should no longer be left up to the SC. That's not all-encompassing.
No, it's not all encompassing. But if you propose that Congress be allowed to set those limits now on SCOTUS, what's next? There's nothing to stop them further limiting SCOTUS once you establish that precident. Granted, I think the legal wording could be cleaned up to be less broad in that act. Frankly, I'd like to hear what Paul says about it WRT his position on what the SC should be able to rule on.