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Authored by: Ian Al on Sunday, September 16 2012 @ 06:11 AM EDT |
That seems very strong to me, but then, I haven't got a strong Constitution.
Congress created the CAFC as a court inferior to the Supreme Court. If the
officers of the court publish an opinion that contradicts the opinions of the
Supreme Court then that is contrary to the law set by Congress under Article
One, Section 8 of the Constitution.
The Supreme Court should be able to strike down any opinions of inferior court
officers that conflict with their own opinions because the inferior court
opinions are unconstitutionally made. They need only be aware of such
unconstitutional opinions and do not need to have the opinion referred to them
by other parties or courts.
The CAFC would be in a real bind, even if no further action were taken. In the
absence of a valid opinion on a Constitutional basis, the opinion of their own
inferior court that they tried to reverse, would stand in the eyes of the State.
The CAFC would have no court of appeal.
How refreshing!
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Regards
Ian Al
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