Constitution Restoration Act of 2004: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, on H.R. 3799, September 13, 2004, Band 4U.S. Government Printing Office, 2004 - 130 Seiten |
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... violate Article III . And there can be lit- tle doubt that the Constitution makes Supreme Court precedents binding on lower courts . If higher court precedents bind lower courts , there is no structural anomaly 6 See , e.g. , Morton J ...
... violate Article III . And there can be lit- tle doubt that the Constitution makes Supreme Court precedents binding on lower courts . If higher court precedents bind lower courts , there is no structural anomaly 6 See , e.g. , Morton J ...
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... violate the First Amendment's guarantee of freedom of speech . If an arti- cle III court concludes that a federal law violates constitutional law , it would shirk its duty if it failed to declare the inconsistency between the law and ...
... violate the First Amendment's guarantee of freedom of speech . If an arti- cle III court concludes that a federal law violates constitutional law , it would shirk its duty if it failed to declare the inconsistency between the law and ...
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... VIOLATES EQUAL PROTECTION I have no doubt that the Constitution Restoration Act of 2004 violates the equal ... violate the Fifth Amendment's Due Process Clause's guarantee of procedural fairness . Over a century ago , the Court ...
... VIOLATES EQUAL PROTECTION I have no doubt that the Constitution Restoration Act of 2004 violates the equal ... violate the Fifth Amendment's Due Process Clause's guarantee of procedural fairness . Over a century ago , the Court ...
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... violate that postulate . 5 In this statement , I discuss the proposed restriction only as it affects 28 USC § 1257 and the Supreme Court's appellate jurisdiction over state courts . If Congress can eliminate particular categories of ...
... violate that postulate . 5 In this statement , I discuss the proposed restriction only as it affects 28 USC § 1257 and the Supreme Court's appellate jurisdiction over state courts . If Congress can eliminate particular categories of ...
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... violate the principle of separation of powers 1118 and that it may not accomplish certain forbidden substantive acts by casting them in jurisdictional terms . 1114 Other restraints on congressional power over the federal courts may be ...
... violate the principle of separation of powers 1118 and that it may not accomplish certain forbidden substantive acts by casting them in jurisdictional terms . 1114 Other restraints on congressional power over the federal courts may be ...
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Häufige Begriffe und Wortgruppen
2-Jurisdiction ART 2.-Power of Congress acknowledgment action American appellate jurisdiction Article III courts authority BACHUS BERMAN bill branches Chairman Chief Justice Circuit Court Commandments Committee congressional power Constitution Restoration Act constitutional amendment constitutional law DANNEMEYER declared display district court Due Process enacted Establishment Clause exercise federal courts federal judges federal judiciary federal jurisdiction foreign law Framers God We Trust GOODLATTE gress HELLMAN impeachable offense impeachment independence inferior federal courts interpretation issue Judge Moore judicial decisions judicial power judicial review Judiciary Act legislation liberty lower federal courts Marriage Protection Act McCardle ment monument officials original jurisdiction overturn percent Pledge of Allegiance Professor Gerhardt prohibit provision public school question recognized regulate religion religious removed school prayer Senate source of law sovereign source statute Subcommittee Ten Commandments tion title 28 U.S. Constitution U.S. Supreme Court unconstitutional United States Code United States Supreme violate
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Seite 105 - At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Seite 25 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each.
Seite 40 - I have never shrunk from its expression... that the germ of dissolution of our Federal Government is in the Constitution of the Federal Judiciary; an irresponsible body... for impeachment is scarcely a scarecrow. . .working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
Seite 108 - We are not at liberty to inquire into the motives of the legislature. • 'We can only examine into its power under the Constitution ; and the power to make exceptions to the appellate jurisdiction of this court is given by express words.
Seite 125 - Faith, etc., having undertaken, for the glory of God and advancement of the Christian faith, and honor of our King and country, a voyage to plant the first colony in the northern parts of Virginia...
Seite 79 - I therefore beg leave to move that, henceforth, prayers imploring the assistance of Heaven, and its blessings on our deliberations, be held in this assembly every morning before we proceed to business, and that one or more of the clergy of this city be requested to officiate in that service.
Seite 93 - The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.
Seite 77 - The judiciary on the contrary has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Seite 9 - To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents which serve to define and point out their duty in every particular case that comes before them...
Seite 10 - I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States.