The configuration of the U.S. Federal system is interesting because it was born against a backdrop of a minimalistic and fragmented common law system in the U.K. and infused with plenty of ideas that would appear in the French Civil Code within a few decades. The French Civil Code is the basis of most of Europe's legal systems.
The configuration of the U.S. Federal system is interesting because it was born against a backdrop of a minimalistic and fragmented common law system in the U.K. and infused with plenty of ideas that would appear in the French Civil Code within a few decades. The French Civil Code is the basis of most of Europe's legal systems.
The clause you cite would only be fully effective for the matters of original jurisdiction. It is also limited to "judicial power." Such power does not extend to the enforcement of judgments. How that may take place depends on the actions of the Executive and Congress in enforcement and funding.
Also, Congress can decide that the jurisdiction (and venue) of the lower courts and appellate jurisdiction of SCOTUS under Article III, § 2, cl. 2, which provides that all jurisdiction not original is to be appellate, “with such Exceptions, and under such Regulations as the Congress shall make.”
A useful reform would be to restrict the venue of any case challenging the constitutionality of a statute to the D.C. District and Circuit. Congress could also restrict the scope of the jurisdiction to be binding for the parties of a case and only persuasive for any other case.
Countries like Germany deal with issues of unconstitutional statutes more through the legislative process. If the Federal Constitutional Court (Bundesverfassungsgericht) finds that a law violates the German Constitution, the ball lands back with the Bundestag, which needs to revise or repeal the law. This makes the elected representatives accountable and at the forefront rather than deferring to unelected courts.
It appears that those who remade Germany after its defeat, had learned from the mistakes and deficiencies in America. and created a better system.
IIRC, Germany did screw up and some laws that were enacted in the past,including under the NAZI regime have been left on the books. An American example is the Comstock Law
The configuration of the U.S. Federal system is interesting because it was born against a backdrop of a minimalistic and fragmented common law system in the U.K. and infused with plenty of ideas that would appear in the French Civil Code within a few decades. The French Civil Code is the basis of most of Europe's legal systems.
The clause you cite would only be fully effective for the matters of original jurisdiction. It is also limited to "judicial power." Such power does not extend to the enforcement of judgments. How that may take place depends on the actions of the Executive and Congress in enforcement and funding.
Also, Congress can decide that the jurisdiction (and venue) of the lower courts and appellate jurisdiction of SCOTUS under Article III, § 2, cl. 2, which provides that all jurisdiction not original is to be appellate, “with such Exceptions, and under such Regulations as the Congress shall make.”
A useful reform would be to restrict the venue of any case challenging the constitutionality of a statute to the D.C. District and Circuit. Congress could also restrict the scope of the jurisdiction to be binding for the parties of a case and only persuasive for any other case.
Countries like Germany deal with issues of unconstitutional statutes more through the legislative process. If the Federal Constitutional Court (Bundesverfassungsgericht) finds that a law violates the German Constitution, the ball lands back with the Bundestag, which needs to revise or repeal the law. This makes the elected representatives accountable and at the forefront rather than deferring to unelected courts.
It appears that those who remade Germany after its defeat, had learned from the mistakes and deficiencies in America. and created a better system.
IIRC, Germany did screw up and some laws that were enacted in the past,including under the NAZI regime have been left on the books. An American example is the Comstock Law