Use your brains folks before make a comment. DADT was a Comp. end of discussion. And I'm done with this thread since none of you really understand how the **** UCMJ works and what power the USSC has over it.
That section describes judicial jurisdiction - meaning which Courts have the power to decide cases when a challenge to a law has been made. It doesn't give the Supreme Court authority to write any code, nor issue any advisory opinions.
Section 2 specifies the subject-matter jurisdiction of the federal courts and requires trial by jury in all criminal cases, except impeachment cases.
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.
Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Last edited by jackalope; 10-11-09 at 09:30 PM.
Advisory opinion - Wikipedia, the free encyclopediaThe United States Supreme Court has determined that the case or controversy requirement found in Article Three of the United States Constitution prohibits United States federal courts from issuing advisory opinions.
In a letter to President George Washington, replying to the president's request for such an opinion, then-Chief Justice John Jay replied that it would violate the separation of powers for the Supreme Court to provide such an opinion
I'm not sure why you keep saying this, especially when you don't even appear to understand the things that you're saying I'm too smart to believe.Again, I think you're smarter than that.
People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.
I'm not sure why you keep saying this, especially when you don't even appear to understand the things that you're saying I'm too smart to believe.
I'm starting lose faith in those comments, too.
I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang
My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang