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Supreme Court — Part 26
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The Supreme Court does not make it a practice to accept all cases
which involve decisions of the courts of appeals which may differ fran decisions
of other circuits.
The Attorney General goes on to declare that "Full and unimpaired
of Government." That must be the Attorney General's opinion; because it 1s not
the Constitution; and I guess we are supposed to consider the Attorney
General's opinion more fundamental than the Constitution. The Constitution
contains the provision in Article III, section 2, clause 2, giving the Congress
the right to make regulations and exceptions with respect to the Supreme Court's
eprellate jurisdiction, That certainly is not "full and unimpaired" appellate
jurisdiction. So we have this situation: the Attorney General is declaring as
fundamental something that the Constitution not only does not provide for but
specifically provides against. Personally, I'll take the Constitution!
The Attorney General goes on to indicate that he regards the Supreme
Court as the "final arbiter” in "the maintenance of the balance contemplated
in our Constitution as among the three coordinate branches of the Government,"
But the whole theory of our Constitution is that there should
be no "final arbiter"--because the Founding Fathers understood that if any
one branch of the Government got complete ascendancy, we would not have a
government of checks and balances, but an oligarchy which would lead
unquestionably end irresistibly to tyranny. The Constitution did not make
the Supreme Court the "final arbiter"-~-nor did even Mr. Justice Marshall,
a as on
| in Marburyv. Madison. Marshall said there were "some cases" in which
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