Sensible Views Weblog

Sensible – [sen-suh-buhl] – having, using, or showing good sense or sound judgment

Arizona Court Decision S.B. 1070: Does anyone ever READ the Constitution anymore??

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Arizona - The Grand Canyon State - State Motto: (Latin) Ditat Deus ~ "God Enriches"

I’m not real sure why Governor Brewer has not asked that the ‘decision’ against them by an Arizona judge over their new illegal immigration law be thrown out on grounds that said court does not have jurisdiction over the State of Arizona. Only the Supreme Court does.

In contrast to the Supreme Court, which was established by Article III of the Constitution, the district courts were established by Congress. There is no constitutional requirement that there be any district courts at all.

(Source: Wikipedia – District Courts)

Article III, Sec. 2, clause 2 of the U.S. Constitution says:

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction…

Check out Federalist No. 81 (13th para), Alexander Hamilton comments on Art. III, Sec. 2, clause 2:

…Let us now examine in what manner the judicial authority is to be distributed between the supreme and the inferior courts of the Union. The Supreme Court is to be invested with original jurisdiction, only “in cases affecting ambassadors, other public ministers, and consuls, and those in which A STATE shall be a party.” Public ministers of every class are the immediate representatives of their sovereigns. All questions in which they are concerned are so directly connected with the public peace, that, as well for the preservation of this, as out of respect to the sovereignties they represent, it is both expedient and proper that such questions should be submitted in the first instance to the highest judicatory of the nation. Though consuls have not in strictness a diplomatic character, yet as they are the public agents of the nations to which they belong, the same observation is in a great measure applicable to them. In cases in which a State might happen to be a party, it would ill suit its dignity to be turned over to an inferior tribunal….”

Frankly I wonder if this would also apply to Prop 8 in California since both Judge Susan Bolton (AZ) and Judge Vaughn Walker (CA) are just U.S. District judges… Another really good reason our nation’s leaders need to read and understand the U.S. Constitution. Oh, if they only felt the document was actually applicable today.

(Article reference source – Canada Free Press: ONLY the US Supreme Court has Constitutional Authority to Conduct the Trial)

“Educate and inform the whole mass of the people… They are the only sure reliance for the preservation of our liberty.” ~~ Thomas Jefferson


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