Re: CONSTITUTIONAL COURTS, from "Encyclopedia of the American Constitution"

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: Paul posted (snip): : "They may be given JURISDICTION only over : CASES AND CONTROVERSIES falling within the JUDI- : CIAL POWER OF THE UNITED STATES." : The INTERNAL REVENUE SERVICE, under the : DEPARTMENT OF TREASURY [sic], is within the : EXECUTIVE...and a "political question" not : within the JUDICIAL POWER as is whether the : 16th or 14th amendments were properly : ratified. --EXECUTIVE EQUITY-- : : “But the old machinery continues. The comitia having died of old age, the administration and the treasury as well as legislation are gathered in the hands of the Senate. : “Had the whole of the territory continued to be governed by the latter, the Empire would have been an aristocracy with a military dictator at its head. But this was by no means the case. The Emperor's position went on growing at the expense of the Senate’s. In actual fact, Emperor not only commanded the army and made war and peace, but also took into his hands the power of the whole State and set up an admimistration of his own. This was because from the beginning the Princeps and the Senate partitioned the provinces amongst themselves. To administer those which he kept for himself, the Emperor had perforce to have his governors and his treasury (his fiscus, opposed to the aerarium); and as the army was at his disposal, he made continual encroachments on all the spheres of activity left to the Senate.” Ferdinand Lot, The End of the Ancient World and the Beginning of the Middle Ages (N.Y.: Alfred A. Knoff, 1931), p. 7. : : "Encyclopedia of the American Constitution," : : New York, MacMillan Publishing Company (1986), : : Volume 1, page 367, discussion of topic : : CONSTITUTIONAL COURT : : [begin quote] : : Article III vests the federal judicial power in the Su- : : preme Court and in any lower courts that Congress : : may create. The judiciary so constituted was intended : : by the Framers to be an independent branch of the : : government. The judges of courts established under : : Article III were thus guaranteed life tenure "during : : GOOD BEHAVIOR" and protected against the redution : : of their salaries while they held office. The federal : : courts so constituted are called "constitutional : : courts." They are to be distinguished from LEGISLA- : : TIVE COURTS, whose judges do not have comparable : : constitutional guarantees of independence. : : Constitutional courts, sometimes called "Article III : : courts," are limited in the business they can be as- : : signed. They may be given JURISDICTION only over : : CASES AND CONTROVERSIES falling within the JUDI- : : CIAL POWER OF THE UNITED STATES. For example, : : Congress could not constitutionally confer jurisdiction : : on a constitutional court to give ADVISORY OPINIONS, : : or to decide a case that fell outside Article III's list : : of cases and controversies included within the judicial : : power. That list divides into two categories of cases: : : those in which jurisdiction depends on the issues at : : stake (for example, FEDERAL QUESTION JURISDICTION) : : and those in which jurisiction depends on the parties : : to the case (for example, DIVERSITY JURISDITION). : : Congress can, of course, create bodies other than : : constitutional courts and assign them the function of : : deciding cases -- even cases falling within the judicial : : power, within limits that remain unclear even after : : NORTHERN PIPELINE CONSTRUCTION CO. V. MARA- : : THON PIPE LINE CO. (1982). Such a legislative court : : is not confined by Article III's specification of the lim- : : its of the federal judicial power, any more than an : : administrative agency would be so confined. How- : : ever, a legislative court's decisions on matters outside : : the limits of Article III cannot constitutionally be re- : : viewed by the Supreme Court or any other constitu- : : tional court. : : Kenneth L. Karst : : Bibliography : : Wright, Charles Alan 1983 "The Law of Federal : : Courts," 4th ed. Pages 39-52. St. Paul, Minn.: : : West Publishing Co. : : [end quote] : : : : Sincerely yours, : : /s/ Paul Andrew Mitchell, B.A., M.S. : : Counselor at Law, Federal Witness : : and Private Attorney General

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