CONSTITUTIONAL MINUTE #8

“Judicial Power” refers to a court’s power to hear and decide cases.

Art. III, Sec. 2, U.S. Constitution, lists the cases which federal courts are permitted to hear. They may hear only these cases:

a) Arising under the Constitution, or the Laws of the United States, or Treaties made under the Authority of the United States

b) Affecting Ambassadors, other public Ministers & Consuls; cases of admiralty & maritime Jurisdiction; or cases in which the U.S. is a Party;

c) Between two or more States; between a State & Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States; or between a State (or Citizens thereof) & foreign States, Citizens or Subjects.”

These are the ONLY cases which federal courts have constitutional authority to hear.

Alexander Hamilton wrote in Federalist No. 83, 8th para: “…The judicial authority of the federal judicatures is declared by the Constitution to comprehend certain cases particularly specified. The expression of those cases marks the precise limits beyond which the federal courts cannot extend their jurisdiction, because the objects of their cognizance being enumerated, the specification would be nugatory if it did not exclude all ideas of more extensive authority.”

Is “abortion” within the above “precise limits”?

Where? Which Article, Section, and clause?

How about gay marriage, prostitution, child sex, or drugs”?

Nope, nope, nope, nope, and nope!

But the federal courts have evaded the constitutional limits on their power to hear cases by fabricating individual “constitutional rights” so that they can then pretend that the cases “arise under the Constitution”!

Roe v. Wade (1973) is a good example. Some of this can be confusing, but for study purposes, please go here: https://publiushuldah.wordpress.com/category/enumerated-powers-of-federal-courts/