Sunday, March 11, 2012

Original Jurisdiction, Article III, U.S. Constitution


By Douglas V. Gibbs

In the Constitution the United States Supreme Court has original jurisdiction over some cases, which means the case must proceed directly to the United States Supreme Court, and the high court must accept the case.

Article III, Section 2, Clause 2 of the U.S. Constitution states that the United States Supreme Court has original jurisdiction in all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party.  This means, for example, that when Eric Holder filed the federal government's case against the State of Arizona regarding Arizona's immigration law with the federal circuit court, he was acting unconstitutionally.  The case was required to go straight to the U.S. Supreme Court.

Arizona had the right to refuse to participate in the case filed, and demand that it be filed directly with the Supreme Court as per Article III of the U.S. Constitution.

-- Political Pistachio Conservative News and Commentary

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