Under what authority is U.S. District Judge John Bates ruling on Congressional subpoena maters?

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  • 1 decade ago
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    The federal courts have exclusive jurisdiction to decide matters relating to the separation of powers in the federal government. Because the case is not one "affecting ambassadors, other public ministers and consuls, [or one] in which a state shall be a party," the Supreme Court does not have original jurisdiction under Article III and the case must proceed as most other federal cases do, from the trial level upward.

    Source(s): U.S. Const. Art. III sec. 2 cl. 2 Committee on the Judiciary v. Miers: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_d...
  • 1 decade ago

    IF A CASE IS BROUGHT BEFORE A SPECIFIC DISTRICT JUDGE, THAT JUDGE FIRST RULES ON WHETHER IT IS PROPER TO BE HEARD THERE.THE LAWYERS PRESENT THEIR CASE AND IT PROCEEDS FROM THERE ON. THE JUDGE CAN CONTINUE ON BUT THERE IS A CONSTITUTIONAL ISSUE WHICH MUST BE DECIDED. AGAIN THE LAWYERS ON BOTH SIDES PRESENT THEIR CASE AND ON AND ON.

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