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Awesome Karma Dude
Awesome Karma Dude
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Post by rSin »

congress has always had to power to pass some legislation immune to supreme court review

Congress may not strip the U.S. Supreme Court of jurisdiction over those cases that fall under the Court's original jurisdiction defined in the U.S. Constitution. Congress can limit only the appellate jurisdiction of the Court.[8] According to the Constitution, the Supreme Court has original jurisdiction in, "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party. ... " This last state-shall-be-a-party language has not been interpreted by the Court as meaning that it has original jurisdiction merely because a state is a plaintiff or defendant, even if a provision of the U.S. Constitution is at issue. Rather, the Court has started that the controversy must be between two or more states, or between a state and citizens of another state, or between a state and foreigners.[9][10] Additionally, in 1892, the Court decided that it has original jurisdiction in cases between a state and the United States.[11]

the intolerance of the old order is emerging from the rosy mist in which it has hitherto been obscured.

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