Interpreting the Constitution

Jim Choate ravage at einstein.ssz.com
Wed Mar 14 15:36:30 PST 2001



Per the 10'th: Where in there (ie Section 2 in particular) does it say
that ANY court has the job of determining the meaning of the Constitution?

     ------------------------------------------------------------------

                                Article III.

     Section. 1.
     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.

     Section. 2.
     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;--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.

     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.

     Section. 3.
     Treason against the United States, shall consist only in levying
     War against them, or in adhering to their Enemies, giving them Aid
     and Comfort. No Person shall be convicted of Treason unless on the
     Testimony of two Witnesses to the same overt Act, or on Confession
     in open Court.

    ____________________________________________________________________

         If the law is based on precedence, why is the Constitution
         not the final precedence since it's the primary authority?

       The Armadillo Group       ,::////;::-.          James Choate
       Austin, Tx               /:'///// ``::>/|/      ravage at ssz.com
       www.ssz.com            .',  ||||    `/( e\      512-451-7087
                           -====~~mm-'`-```-mm --'-
    --------------------------------------------------------------------





More information about the cypherpunks-legacy mailing list