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June 13, 2008

Congress Stripped the Supreme Court of Jurisdiction in Terrorist Cases, But the Supreme Court Ignores It

Good post on on Congress' availing itself of the "Exceptions Clause" of the Constitution -- which permits the Supreme Court jurisdiction over cases with such exceptions as Congress may decide -- and the terrorist habeas case.

The Constitution clearly permits just this -- it states clearly that Congress may create "exceptions" to the Court's general appellate jurisdiction.

Congress seems to have clearly done this.

The Supreme Court ignored this almost completely, except to assert that the Suspension Clause was the only way Congress might limit the Court's jurisdiction here.

But that's not what the Constitution says.

This being a troubling fact to argue against, the Court simply did not bother doing so, except by vague allusion.

A fairly strong case can be made that the Supreme Court has grossly overstepped its bounds and acted unlawfully here. And, having done so, its assertions of authority are null and void and without effect.


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posted by Ace at 04:06 PM

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