Question about Article III in the US Constitution

Discussion in 'Free Speech Alley' started by lsu-i-like, Dec 25, 2007.

  1. cristof11

    cristof11 Founding Member

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    First of all, the Supreme Court usually declines to excersice original jurisdiction in these type of cases which includes Ambassadors, public Ministers, Consuls and States because Congress has given concurrent jurisdiction to the lower courts. If a Lower Court can excersice jurisdiction then the Supreme Court will decline its original jurisdiction. From what I've read, the Supreme Court issues one or two opinions each year using its original jurisdiction.



    Secondly, State party litigation mostly involves involves a controversy between inter state boundaries which is the most common. Another type of stater party litigation involves rights to waters of rivers that flow between different states...The last one is between the US and a state.

    I got a pretty recent book on Federal Jurisdiction which cites a 1998 case bewteen New York and New Jersey over who had jurisdiction over Ellis Island and decided that New York should retain the original land mass of the island and New Jersey would control any landfill that had been added through the years.

    The only way that the Supreme Court can tell the states what to do is if they're violating federal law or the constitution...The Supreme Court can't tell a state what to do regarding state laws unless the are contrary to federal law or the constitution.

    Congress can't overrule the Supreme Court since it has the final say regarding the interpretation of the constitution, but it can limit the range of its judicial review power like for example in foreign affairs and inmigration.

    UPDATE: There is a current bill proposed in the Senate that would alter a recent Supreme Court decision. It's called the Fair Pay Restoration Act whose purpose is to establish that the 180 days that an employee has to file a complaint against an employer for receiving unequal pay due to discrimination, start to run the moment that the employer receives the unequal pay. The Supreme Court decided that the 180 day period starts when the employer decided to discriminate against the employee.

    Clearly, Congress can legislate regarding Supreme Court decisions based on the interpretation of federal law...The decision is basically untouchable if it is one that interprets the Constitution.
     
  2. cristof11

    cristof11 Founding Member

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    That's kind of hard since federal judges have life tenure, their salaries cannot be reduced and can only be impeached if the judge has commited a crime...It has been established a long time ago that legislative disagreement with judicial decisions is no ground for impeachment
     

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