MORROW H. MOORE
In response to the question, "Suppose Congress takes away original jurisdiction from both Federal courts and State courts in constitutional questions, may a party raise the constitutional validity of a Federal statute by a bill of exceptions on writ of error (writ of error was abolished and appeal substituted therefor, and statutes governing writ of error made to apply to appeals by act of Jan. 31, 1928, 45 Stat. 54, as amended Apr. 26, 1928, 45 Stat. 466, ( 28 U. S. C. 861a, 861b)) from a State supreme court to the United States Supreme Court?" My answer, assuming the premises, is that a party would not be able to raise a question as to the constitutional validity of a Federal Statute by a bill of exceptions on a writ of error from a State supreme court to the United States Supreme Court.
The pertinent provisions of the Constitution are to be found in article III, establishing the judiciary.
Section 1 provides: That the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may, from time to time, ordain and establish. * * *.
Section 2, clause 1: 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, under their authority* * *.
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Publication information: Book title: Congress or the Supreme Court:Which Shall Rule America?. Contributors: Egbert Ray Nichols - Compiler, Egbert Ray Nichols - Editor. Publisher: Noble and Noble. Place of publication: New York. Publication year: 1935. Page number: 359.
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