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In reply to the discussion: I can't find in US Constitution where it says... [View all]freshwest
(53,661 posts)4. Um, try this to see how it fits in, but it seems to say they can rule on all laws, not enact them:
United States Constitution:
Article III, Section 1, mandates the creation of a Supreme Court and commissioning of Justices:
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.
Article III, Section 2, of the US Constitution explicitly spells out the responsibility of the Court:
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 [later revoked by the 11th Amendment];--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.
Other legislation (the Judiciary Act of 1789, Title 28 of the U.S. Code, etc.) and case law (beginning with Marbury v. Madison, (1803)) also establishes that the Supreme Court may review (with a few exceptions) any civil or criminal "cases and controversies" arising from questions of constitutional or federal law, or from US treaties, including cases in which the High Court determines Congress has passed unconstitutional legislation (thus, nullifying the law).
Article III, Section 2 also allocates to the US Supreme Court original jurisdiction over a limited class of cases:
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.
The Court's original jurisdiction was later changed slightly by the 11th Amendment:
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
Article II, Section 2, (Paragraph 2) establishes the President's right to appoint Justices to the Supreme Court with the "advice and consent" of Congress:
"[The President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments"
http://wiki.answers.com/Q/What_Article_of_the_Constitution_established_the_US_Supreme_Court
Another source.. perhaps one could intrepret enacting a law as ordaining and establishing through the supremacy clause:
http://www.law.cornell.edu/constitution/articleiii
WINGNUT version, pardon the source:
http://www.freerepublic.com/focus/f-news/1316376/posts
Most likely where the fundies get their ideas and the idea that the USSC enacts laws, if I remember correctly, is a right wing term. In what way do you see the USSC enacting laws?
Article III, Section 1, mandates the creation of a Supreme Court and commissioning of Justices:
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.
Article III, Section 2, of the US Constitution explicitly spells out the responsibility of the Court:
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 [later revoked by the 11th Amendment];--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.
Other legislation (the Judiciary Act of 1789, Title 28 of the U.S. Code, etc.) and case law (beginning with Marbury v. Madison, (1803)) also establishes that the Supreme Court may review (with a few exceptions) any civil or criminal "cases and controversies" arising from questions of constitutional or federal law, or from US treaties, including cases in which the High Court determines Congress has passed unconstitutional legislation (thus, nullifying the law).
Article III, Section 2 also allocates to the US Supreme Court original jurisdiction over a limited class of cases:
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.
The Court's original jurisdiction was later changed slightly by the 11th Amendment:
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
Article II, Section 2, (Paragraph 2) establishes the President's right to appoint Justices to the Supreme Court with the "advice and consent" of Congress:
"[The President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments"
http://wiki.answers.com/Q/What_Article_of_the_Constitution_established_the_US_Supreme_Court
Another source.. perhaps one could intrepret enacting a law as ordaining and establishing through the supremacy clause:
http://www.law.cornell.edu/constitution/articleiii
WINGNUT version, pardon the source:
http://www.freerepublic.com/focus/f-news/1316376/posts
Most likely where the fundies get their ideas and the idea that the USSC enacts laws, if I remember correctly, is a right wing term. In what way do you see the USSC enacting laws?
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I can’t find in US Constitution where it says "The SCOTUS can enact LAWS", can you?
Vincardog
Sep 2012
#2
Um, try this to see how it fits in, but it seems to say they can rule on all laws, not enact them:
freshwest
Sep 2012
#4
That was an intrepretation, not law making or enforcing. They interpreted the 14th Amendment:
freshwest
Sep 2012
#43
Hey truedelphi...I resent your remark about the "US public are too stupid to understand". Let me
jonesgirl
Oct 2012
#47
I can’t find in US Constitution where it says "the rich are allowed to buy politicians and elections
Viva_Daddy
Sep 2012
#10
I think the Constitution says (or implies) exactly the opposite for your points 2 and 3.
George II
Sep 2012
#20
You're not reading the Teahadist What-Our-Forefathers-Meant-Not-What-They-Said
valerief
Oct 2012
#55