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The forgotten US Constitution

Here’s a question that’s going around these days. Does anyone read the US Constitution? American lawyers don’t read it. Federal Judge Susan Bolton apparently has never read it. Same goes for US Attorney General Eric Holder. Here are some comments from a lawyer who has read it; the point is pretty clear.

“Article III, Sec. 2, clause 2 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.”
In other words, the Judge in the Arizona case has absolutely no Constitutional jurisdiction over the matter upon which she ruled. As the Constitution makes abundantly clear, only the U.S. Supreme Court can issue rulings that involve a state. So, neither Judge Bolton nor the 9th Circuit Court of Appeals in San Francisco, to which the case is being appealed, have any legal standing whatsoever to rule on the issue.
One wonders why, then, that US Attorney-General Eric Holder filed the federal government’s lawsuit against the state of Arizona in a court that has no authority to hear the case. Is this malicious or merely incompetence? And when is someone going to raise this issue?

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