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Jim Choate ravage at einstein.ssz.com
Tue Mar 20 19:23:17 PST 2001



     Section. 1.
     All legislative Powers herein granted shall be vested in a
     Congress of the United States, which shall consist of a Senate and
     House of Representatives.

     Section. 8.
     The Congress shall have Power To lay and collect Taxes, Duties,
     Imposts and Excises, to pay the Debts and provide for the common
     Defence and general Welfare of the United States; but all Duties,
     Imposts and Excises shall be uniform throughout the United States;

     ...

     To make all Laws which shall be necessary and proper for carrying
     into Execution the foregoing Powers, and all other Powers vested
     by this Constitution in the Government of the United States, or in
     any Department or Officer thereof.

     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.

                                Amendment VII

In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by
a jury, shall be otherwise reexamined in any Court of the United States,
than according to the rules of the common law.

                                Amendment IX

The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.

                                 Amendment X

The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or
to the people.

Q: When did Congress pass a law specifically making the 'common law' in
   the 7th Amendment equivalent to English Common Law? And would such a
   law not place a Constitutional filter on the application of such law
   in any case? Once again, why does "...shall make no law..." not
   equate to (common law?) 'Stop' signs?

    ____________________________________________________________________

         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
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