quote: | Originally posted by ********
I tend to disagree with you, I think that the Supreme court is mearly a historical encumbrence, and their initial role was simply to hear cases. The US taking on a federal mandate and becoming more formalized, is not even mandated within the constitution - in some respect its "powers" are de facto - not legal. In that respect they really are suprajuris. Decisions are only limited by other defacto elements of the people.
I think that JUSTICE - and freedom and the founding principals of america that is a world that supports american independence, and representation for american values is the foundation - and nothing whether it be other laws should interfere with JUSTICE, with the intent to serve the people as to make life more for the cause of life liberty and happiness of all.
" 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."
"as to law and fact" note fact.
This in that respect should not limit the supreme court to be held to only see technical issues.
Also the will of the people should always be foremost, atleast in regard to the constitution
"with such exceptions, and under such regulations as the Congress shall make. "
Congress is actually who holds capacity to render JUDICIAL power in the US ----- the judicary is not wholely independant in the US - as such its role would be poitical not judicature. Only judicature as far as rendering impositions of "legislation" eg. rendering specific renderings of cases - that is making case specific findings. In those areas that are rendered within their sphere of hearing.
The US Judicature is actually substate - it is part of the legislative wing of government not the sovereign or state.
eg. Article I of the Constitution vests all legislative power in the Congress - has the power to make law but not enforce it.
Thus all findings of the supreme court would not hold force. - which is where the de facto element comes in. |
the portions of your post that are comprehenisble are complete nonsense. you do realize i'm a lawyer, right?
Try reading Section 1 of Article 3 of the constitution, which clearly states that the judicial power is vested in the supreme court.
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Article III
Section 1. 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 behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2. 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.
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.
Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
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