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What would/should the Supreme Court do if confronted with an Act of Congress that attempted to prevent the Court from deciding an important and controversial constitutional case that had already been orally argued?

Please tell me a website or source in which you retrieved this information thank you.

1st REAL answer gets 10points!!

2006-11-15 08:34:58 · 1 answers · asked by Anonymous in Education & Reference Homework Help

1 answers

Well, this depends on several issues.

1.) If the Act of Congress attempts to modify a clause from Article III Sec. 2 of the Constitution (which gives the Supreme Court original jurisdiction over certain situations), then the Supreme Court can (and probably will) find the act unconstitutional and ignore it.

2.) If the Act of Congress is constitutionally removing jurisdiction from the Court, then the Court may not make a decision - Jurisdiction is required for the Court to make a binding decision. They would then dismiss the case, finding that they do not have jurisdiction to decide it.

2006-11-17 05:38:23 · answer #1 · answered by ³√carthagebrujah 6 · 0 0

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