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Old 08-30-2010, 11:22 AM   #613
CRedskinsRule
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Join Date: Aug 2008
Age: 58
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Re: Arizona's New Immigration Law

Quote:
Originally Posted by saden1 View Post
There is lots of historical background on the subject but all that's needed is The Judiciary Act of 1789 passed by the first congress:
I am sure we can bicker back and forth, but The Judiciary Act of 1789, and specifically part of clause 13 was nullified by Marshall:
Quote:
Originally Posted by From my other link
However, another clause of § 13 of the Judiciary Act of 1789 was not accorded the same presumption by Chief Justice Marshall, who, interpreting it as giving the Court power to issue a writ of mandamus on an original proceeding, declared that as Congress could not restrict the original jurisdiction neither could it enlarge it and pronounced the clause void.1093
I doubt gafinfan's right that the lawsuit was invalid solely because it was brought in the wrong court, but really, unless I miss my guess, none of us are Supreme Court scholars.

Of course I realize Saden stays at a Holiday Inn Express EVERY night, so he is always chocked full of knowledge!
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