[Griff]

Originally Posted by Undertoad

"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution" (Article 3 sec. 2) Seems pretty clear.

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.) (This section in parentheses is modified by Amendment XI.)


The way in which that power was to be exercised and its definition still seem less than clear to me. This section could be read to mean only the facts and application in cases would be judged under the law not that the law itself would judged. So much of our law is built upon M v M that we think of this interpretation as obvious. Of course, my ignorance of the law is profound and I used to spend a lot of time on amateur body chemistry back in my school days...