If you live in Kentucky, kill yourself now!!

OK, tell me if I understand you right. The Congress cannot interfere in
cases where the Supreme Court has original jurisdiction. But in other
cases (if this bill were passed) Congress could require that the lower
courts' decisions on Constitutional matters would stand, and thus the
binding interpretation of the Constitution would depend on what part
of the country you were in?


In article k.net,
JohnR wrote:
Not so quick. Congress can remove jurisdiction after having previously
granted it. See Ex Parte McCardle, a famous con law case decided just after
the War of North Aggression.

http://www.agh-attorneys.com/4_ex_pa...ardle_1868.htm
http://www.agh-attorneys.com/4_ex_pa...ardle_1867.htm
http://www.oyez.org/oyez/resource/case/116/

I'm not a lawyer nor do I play one on TV. I did, however, have a damn good
Con Law professor back in college.

-John
"tjab" wrote in message

snip.

Article III, section 2 gives Congress the power to decide whether the
Supreme Court will have original or appellate jurisdiction in particular
kinds of cases. It does not give Congress the power to take a case out
of the jurisdiction of the Supreme Court altogether.

I thought the reports of this crackpot bill had to be a hoax designed to
defame the Republican Party in an election year, but I looked it up on
Thomas (thomas.loc.gov), and it is real: HR3920.

Um. I think if you're from wherever Mr. Sullivan lives, you should kill
yourself now. There already exists a mechanism for overruling the Supreme
Court. Two, in fact.

1. They can do it themselves.
2. Congress and 3/4 of all legislatures can amend the Constitution.

I think that's enough, and if I had to hazard a guess as to what would
happen if Congress attempted to define alternative methods to control the
Court then it would be that the Court would probably ignore it and the
President would refuse to enforce it.

"steve sullivan" wrote in message
...

IN THE HOUSE OF REPRESENTATIVES

March 9, 2004


Mr. Lewis of Kentucky (for himself, Mr. DeMint, Mr. Everett, Mr. Pombo,
Mr. Coble, Mr. Collins, Mr. Goode, Mr. Pitts, Mr. Franks of Arizona, Mr.
Hefley, Mr. Doolittle, and Mr. Kingston) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition to
the Committee on Rules, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned

----------

A BILL

To allow Congress to reverse the judgments of the United States Supreme
Court.

The poster should not take everything too
literally. Indeed, it is interesting to
consider the effect of taking the subject
line of his post literally.