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Reply #42: not sure about that, have to get my con law book out [View All]

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relaf Donating Member (75 posts) Send PM | Profile | Ignore Thu Jul-15-04 04:29 PM
Response to Reply #41
42. not sure about that, have to get my con law book out
I think that is incorrect. The supremacy clause is the any act of the US Congress pre-empts a similar state act. It does not de facto make a federal law consitutional. As I said, absence congress giving federal courts jurisdiction exclusively, or with discretion, the state court can hear any case or controversy.

Regarding executive action....could say the steel seizure case been heard initially in state court? I think so.

If you want my two cents, I think federal court/state courts have way too much overlap. I personally would get rid of most of the federal courts, at least for diversity and criminal, and keep them for federal question maybe.

M
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