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Monday, March 01, 2004
On the Other Hand...
I've seen the claim put forth a couple times, most recently in this
recent column by Pat Buchanan, that Congress could use Article III, Section 2 of the Constitution to prevent any federal Court from striking down the Defense of Marriage Act.

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.

I honetsly don't know much about the history of that clause and if it can indeed be used in the way suggested... sounds plausible, though.

posted by DRH 3/01/2004 12:02:00 PM

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