Zimyatin

Yes. State courts may make decisions based on the federal constitution.

Zimyatin

Hey! While writing on not-so-related topic on another thread I re-read my Constitution and it appears that Congress may not be able to do what these idiots want, to wit:

Art III, Sec 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."

So what is this Judicial Power?

Art III, Sec 2, Cl 1: "The judicial Power shall extend to all Cases, in Law and Equity, arising out of the Constitution . . .."

So Congress cannot strip the "inferior" courts of constitutional jurisdiction. Have a nice day.

Grumpy

So, Zimyatin, what you're saying is that, based on that clause, whatever "inferior courts" the Congress ordains automatically have "judicial Power" in constitutional cases?

Further, what I'm seeing is that, even if Congress stripped federal courts of jurisdiction, you could still get to the SCOTUS via the state courts. You sue under a state constitution (since most have prohibitions against established religion), take it to the highest state court. Once that is exhausted, the SCOTUS is the only place one can seek redress if the state courts won't uphold the U.S. Constitution. And all this way, the original facts of the case are still at issue, and NOT the court-stripping act itself.

yahwehyadayada

I am so perplexed & ashamed that my mother, who is otherwise a very shrewd woman, is one of them.

Buffman

yahwehyadayada

I suspect that your mother is simply frightened by those things which she does not truly understand and over which she has little, if any, control. The world is moving too fast for her. Thus, she is vulnerable to the voices of those who present themselves as all-knowing and all-powerful, and who will bring stability back into everyone's life through a return to the "simple biblical truths of old (our forefathers)." Unfortunately, I sincerely doubt that she is truly aware of how frightened she really is. By donating money to these voices, she hopes to slow things down enough so she doesn't feel so left behind and frightened.

Naturally these intolerant and bigoted charlatans/shaman/salespersons count on this. Fear is one method of arresting the search for accurate knowledge and the critical reasoning process. (Just look at how the President and Attorney General are using it to advance their agendas. Who would dare disparage someone wrapped in the American flag and carrying a Bible?)