Political Science Pol Sci 3403 Lecture Notes - Lecture 8: Appellate Jurisdiction, Article Three Of The United States Constitution, Ex Parte Mccardle
12 Jun 2016
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Story argues that the text of the constitution says that the. Supreme court has appellate jurisdiction in all cases (not over courts) article 2 clause 2 (distribution clause) a. ii. States are arguing that they have sovereignty over the supreme court (pretty much the same thing as being a separate country like germany court doesn"t have jurisdiction in. Story claims that virginia doesn"t have sovereignty because they signed the constitution which gives the supreme. Once they signed the constitution, the states gave up some powers to join the union they now have limited sovereignty a. ii. 2. b. Story established the supremacy of the supreme a. iii. States are capable of interpreting the us constitution. Court over the states once and for all a. iii. 1. Story claims that even though judges have the capacity to ably interpret the constitution, they may have biases that will prevent them from administering regular forms of justice a. iii. 2.
