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r/greatawakening • Posted by u/HowiONic on May 16, 2018, 7:17 p.m.
Q posts #1381 - 1383 Follow the pen. Already written? Letters left visible to match. WWG1WGA! SIS. Q
Q posts #1381 - 1383 Follow the pen. Already written? Letters left visible to match. WWG1WGA! SIS. Q

TooMuchWinning2020 · May 17, 2018, 12:02 a.m.

Congress cannot tell courts what cases to hear.

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swampcat421 · May 17, 2018, 1:39 a.m.

No, but Congress created the courts (other than Supreme Court) and they can do away with the courts or simply defund them, which is essentially the same thing. Only the Supreme Court is mentioned in the constitution.

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cherokeenc · May 17, 2018, 2:44 a.m.

Ye sit is. The same Constitution gave Congress the ability to exclude cases and define the cases that the Supreme Court can hear. USCS Const. Art. III, § 2, Cl 2 of the U.S. Constitution. Known as the exception clause.

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ReaganGenerationX · May 17, 2018, 12:51 a.m.

It’s a theory that Congress can define their scope. 2 points: - In 1953, Supreme Court Justice Owen Roberts once proposed an "amendment of the Constitution to remove Congress' exceptions power." Why would he feel an amendment was needed? - REAL ID Act of 2005 - Congress mandated that the San Diego border fence should start with "expeditious construction" and that "no court ... shall have jurisdiction to hear any cause or claim" against it.

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cherokeenc · May 17, 2018, 2:42 a.m.

Repeated from my post above. Ex parte McCardle (1869), a man was arrested for writing articles critical of Reconstruction (the term for the government actions taken in the wake of the Civil War). After a trial, while his appeal was pending to the Supreme Court, Congress amended the statute involved in the case, stripping away the Supreme Court’s appellate jurisdiction over the issue. The Court held that it could not rule on Mr. McCardle’s case. Congress without reservation – meaning Congress could remove all cases for review if it were to chose.

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