Greg Kucharo <sophi@best.com> writes:
I fail to see how the Executive can simply avoid the authority and oversight of the Judicial. Are there other circumstances of this? From my constitutional reading the Judiciary has the right to review any law passed by Congress. The Executive only has the power to enforce, not to unilaterally pass rules unrelated to enforcement.
The executive branch cannot, but the legislative branch has the power to restrict the jurisdiction of the courts in any way it wants to except for cases in which the Supreme Court is given original jurisdiction (a limited number of situations) Ironically enough, Marshall's decision in Marbury v. Madison was that the Judicial Act of 1789 which outlined the jurisdiction of the court system was unconsitutional. It is Congress which gives the courts their jurisdiction, only the Supreme Court is given original jurisdiction in the Constitution itself (interesting side note: The case New York v. New Jersey regarding the ownership of Ellis island, I think, was the first case of original jurisdction to be argued in the current supreme court building if that tell you how often such cases come up...) jim