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Okay, armchair lawyers (and real ones)...I need a lesson.

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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 05:40 PM
Original message
Okay, armchair lawyers (and real ones)...I need a lesson.
According to an article posted, The Bugman of The House of Representatives wants to pass a law that prevents the Supreme Court from hearing cases involving gay marriage.

Is there something I am missing or is that illegal?
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DebJ Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 05:41 PM
Response to Original message
1. my thoughts too...Supreme Court would call this second law
unconstitutional.
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unblock Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 05:43 PM
Response to Original message
2. congress can pass and the president can sign whatever they want
but even inserting language that says "the supreme court can't review this" doesn't prevent the supreme court from reviewing it.

any federal law is reviewable by the supreme court if they wish to review it.
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Xithras Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 05:46 PM
Response to Original message
3. That would take a Constitutional amendment
The powers of the Supreme Court are defined by the Constitution, and they were deliberately vague and wide ranging. Any attempt to limit the power of the Supreme Court would require a change to this charter...hence a constitutional amendment.
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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 05:46 PM
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4. IMHO - if you pass a law that states the supremes can't review
the law you are going to make them review it - they don't like people messing with their powers and responsibilities. I say - go for it and piss 'em off! (What idiots!)
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Cat Atomic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 05:51 PM
Response to Original message
5. Sounds like an attempt to make, "nonononono- INFINITY NO!" into a law.
Edited on Tue Jul-13-04 05:51 PM by Cat Atomic
Hehe. Pardon me.
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tabasco Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 06:15 PM
Response to Original message
6. Congress has the power to limit Supreme Court jurisdiction.
They could probably do this.

State courts could still rule a federal law unconstitutional, but it would only affect that state.

That's how I understand it from law school but I know it's much more complicated.
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