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On Mon, 1 Dec 2003 18:20:32 -0600, "JerryMouse" <[EMAIL PROTECTED]>
wrote:
>Morton Davis wrote:
>>>
>>> Further, when a REAL 2nd Amendment case (one not based on cosmetics)
>>> gets to SCOTUS, the Supreme Court will have to take into account the
>>> rulings of the 9th Circuit.
>>>
>>>
>>
>> Why? They are not required to do that: According to Title 28, Chapter
>> I, Part 453 of the United States Code, each Supreme Court Justice
>> takes the following oath:
>> "I, [NAME], do solemnly swear (or affirm) that I will administer
>> justice without respect to persons, and do equal right to the poor
>> and to the rich, and that I will faithfully and impartially discharge
>> and perform all the duties incumbent upon me as [TITLE] under the
>> Constitution and laws of the United States. So help me God.''
>
>It is the obligation of the Supreme Court to harmonize divergent rulings
>amongst the circuits. That's what they do for a living.
>
High on Jackboot polish once more, Housemouse?
The obligation of the Supreme Court is to up hold the Constitution and
to hell with harmonizing anything. If Harmonizing is what they do
for a living, it's time they were put to work on some thing else.
United States Constitution
Article III
Section 1. The judicial power of the United States, shall be vested in
one Supreme Court, and in such inferior courts as the Congress may
from time to time ordain and establish. The judges, both of the
supreme and inferior courts, shall hold their offices during good
behaviour, and shall, at stated times, receive for their services, a
compensation, which shall not be diminished during their continuance
in office.
Section 2. The judicial power shall extend to all cases, in law and
equity, arising under this Constitution, the laws of the United
States, and treaties made, or which shall be made, under their
authority;--to all cases affecting ambassadors, other public ministers
and consuls;--to all cases of admiralty and maritime jurisdiction;--to
controversies to which the United States shall be a party;--to
controversies between two or more states;--between a state and
citizens of another state;--between citizens of different
states;--between citizens of the same state claiming lands under
grants of different states, and between a state, or the citizens
thereof, and foreign states, citizens or subjects.
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, both
as to law and fact, with such exceptions, and under such regulations
as the Congress shall make.
Where does it say their job is "harmonize".
*****************************************************
"If the law supposes that," said Mr. Bumble,
"the law is a ass, a idiot."
Oliver Twist. Chap. li
Charles Dickens (1812-1870)
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