A Quote by Max Baucus

If Congress can strip the federal courts of jurisdiction over school prayer cases, there is no provision in the Constitution immune from congressional tampering. — © Max Baucus
If Congress can strip the federal courts of jurisdiction over school prayer cases, there is no provision in the Constitution immune from congressional tampering.
I think it was in 1971 or 1974, the Supreme Court ruled marriage is not a subject that the federal government can exercise jurisdiction over, including the courts. To do that, we would need an amendment to the Constitution.
Congress should pass legislation to remove from the federal courts their jurisdiction to hear these outrageous challenges to the Ten Commandments and the Pledge of Allegiance.
Under the Clean Water Act, the federal government has jurisdiction over navigable waters - defined as the 'waters of the United States.' Federal regulators and the courts have broadened this definition over time, moving from waters a vessel can navigate to ponds and wetlands as well.
Well my question is if the federal courts don't have jurisdiction over a constitutional question then who the hell does?
Gorsuch, who is a U.S. Supreme Court nominee in the United States, said the real test of law is when a government can lose in its own courts and still respect the order. And I think Canadian need to ask is why would Canada, if it's doing everything right, why wouldn't you want to be watched? If they are contesting the fact that their own courts don't have jurisdiction over the government's human rights violations, then our next step is to go to federal court and find the federal government that can come to court and we will do that.
You need to fight cases in the courts, but you certainly cannot rely on the courts, you need to testify in Congress and lobby your Congress person, but you certainly cannot rely on Congress. You need to speak out in the media, but you cannot totally trust the media either. You need to work within the academy because that's an influential opinion body. I think that one of the lessons that people have learned in the civil rights community is that it is generally not enough to focus on litigation in the courts.
The states have authority to interpret the Constitution, enforce it, and protect the people from violations of it by the federal government In the first place, there is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State.
The fact is there are a lot of things happening at the federal level that are absolutely beyond the jurisdiction of the Constitution. This is power that should be shifted back to the states, whether it's the EPA - there is no role at the federal level for the Department of Education.
The germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
America has got the equivalent of stage three cancer of socialism because the federal government is tampering in all kinds of stuff it has no business tampering in.
Let's put it in perspective at the United States Supreme Court, which hears maybe 60 cases a year, most of the cases are resolved without much dispute. The 10 or 15 that are controversial we all know about, and we hear about. The federal courts hear just a tiny sliver of the cases that go to court in this country. Most of the cases are in the state courts. And most legal issues never go to court. So, the legal system is actually not in jeopardy. At the same time, access to law is in jeopardy.
I was in federal prison in West Virginia for three months for contempt of Congress for a refusing to comply with a request of a Congressional committee of Congress, the House Un-American Activities Committee.
In order to provide for their independence, the Constitution made judges of the superior courts immune from removal except by impeachment.
In America, we divide federal power between the legislative, executive and judicial branches so that no one holds too much power. This is sixth-grade civics: Congress writes the laws; the president executes the laws; and the courts apply those laws fairly and dispassionately to cases.
We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.
Article I, Section 8, Clause 4 of the Constitution grants Congress clear jurisdiction with regard to U.S. citizenship and immigration matters.
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