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Argument: Argument thesis  Congress’ authority to determine the jurisdiction of courts is a threat to the separation of powers
Node type: Node supports parent assertion  This node supports its parent
Parent node: The thesis is the parent  The thesis is the parent
Node Text: Consitution vests judiciary with judicial power

The American Bar Association, in "An Independent Judiciary Report of the ABA Commission on Separation of Powers and Judicial Independence" notes:

"The judicial power clause provides that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Implicitly, at least, to delegate "the" judicial power to the courts is to deny that power to Congress or the President, and thereby establish a sphere of exclusive and inherent judicial authority immune to political branch encroachment."

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Node Created: Ulysses Berman — 2006-12-15 14:08:36

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