Michelle Anderson Podcast: FIRE Coalition's Jeff Lewis on 'Original Jurisdiction'
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Michelle Anderson Podcast: FIRE Coalition's Jeff Lewis on 'Original Jurisdiction'
Jeff Lewis, of the FIRE Coalition, spoke about the governmental concept of "original jurisdiction" particularly as it affects the case of the Obama Justice Department against Governor Jan Brewer, in her official capacity.
"The judges on American Idol have as much jurisdiction to hear the case against Arizona as the U.S. District Court for the district of Arizona does. So any rulings, injunctions, whatever that lady does -- Judge Bolton -- no offense to her personally, but professionally, she's in violation of her oath of office."
Well:
http://www.usconstitution.net/const.html#A3Sec2
Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials
(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.)
I count at least two obvious, clear, unmistakable grants of jurisdiction to the Federal Courts. Note that Jeff himself acknowledges that "Governor Brewer" is also a party. One would think there is jurisdiction to hear that part, for the reasons stated above.
I agree with Arizona's law. I also agree that the Federal courts have jurisdiction to say (hopefully) that the governor
should win on the merits.
In conclusion, I'd simply note what I often reminded Dana Snowman -- not every silly, wrongheaded act by the government is unconstitutional.
I also note that the Supremes may come out with a different answer on the part that deals with the "state" as a party.
And on reflection, I could be wrong about what I just said. The diversity cases suggest that including one of the wrong kind of party may destroy diversity. This is a more complex issue than it seems at first blush.
And this case
http://supreme.justia.com/us/19/264/case.html
-- and its progeny take more than ten minutes to read.
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Someone asked me yesterday how he could find other podcast interviews I have done in the past. He said he had listened to this Jeff Lewis interview and wanted to hear other interviews in that same vein.
I explained to him how to find all of the North of Bangor podcasts at As Maine Goes, and thought it might be helpful to explain it here. Of course you can wait until one of the banners appears on AMG, or you can click on the NORTH OF BANGOR tab just to the right of the PUBLIC SQUARE tab at the top of AMG.
All of the interviews are there, with the most recent being at the top.
There is also the capacity for comments in that section.
I am working on a website for them, along with news and other goodies, at NorthOfBangor.com, but it's a case of the cobbler's children having no shoes.