1. Welcome to Baptist Board, a friendly forum to discuss the Baptist Faith in a friendly surrounding.

    Your voice is missing! You will need to register to get access to all the features that our community has to offer.

    We hope to see you as a part of our community soon and God Bless!

Court Hearing AZ Case had no Constitutional Jurisdiction!

Discussion in 'News & Current Events' started by windcatcher, Aug 1, 2010.

  1. windcatcher

    windcatcher New Member

    Joined:
    Apr 28, 2007
    Messages:
    2,764
    Likes Received:
    0
    Some one please tell Judge Bolten, Attn Gen. Holder, and President Obama esquire of constitutional law?????????
    http://patriotsforamerica.ning.com/...izona/forum/topics/wowhow-about-this-governor
     
  2. carpro

    carpro Well-Known Member
    Site Supporter

    Joined:
    Oct 14, 2004
    Messages:
    22,441
    Likes Received:
    468
    Faith:
    Baptist
    Why am I not surprised?

    Thanks for the heads up.
     
  3. Paul3144

    Paul3144 Active Member

    Joined:
    May 29, 2009
    Messages:
    2,378
    Likes Received:
    0
    28 U.S.C. 1251 states, in full:

    The Supreme Court does, in fact, have original jurisdiction in this case but not exclusive jurisdiction. Therefore, the case could have been heard by the Supreme Court first, but it does not have to be.
     
  4. Revmitchell

    Revmitchell Well-Known Member
    Site Supporter

    Joined:
    Feb 18, 2006
    Messages:
    39,754
    Likes Received:
    1,004
    Faith:
    Baptist
    It makes no sense to have taken it to any other court. It would seem that having jurisdiction at the SC level requires exclusivity because:


    1. Going to a lower court makes no sense when the SC has jurisdiction.
    2. No matter what happens it will end up there as one side will always be dissatisfied with the ruling of lower courts.


    Such explanations seems to be liberal wrangling rather than reason. If nothing else it was just a tactic to get the bill put on hold faster.
     
  5. Paul3144

    Paul3144 Active Member

    Joined:
    May 29, 2009
    Messages:
    2,378
    Likes Received:
    0
    Perhaps, but there is no legal or constitutional reason why the case can't be heard by a District Court. The Supreme Court and the inferior Courts share original jurisdiction in cases like these.
     
  6. Jerome

    Jerome Well-Known Member
    Site Supporter

    Joined:
    Aug 21, 2006
    Messages:
    6,160
    Likes Received:
    83
    Faith:
    Baptist
    451 U. S. 729 [emphasis added]
     
Loading...