Friday, September 10, 2010

Judicial Branch in action (Article 3)

Sources:
State land for Mosque would spur legal fight.August 19th, 2010.
http://www.politico.com/news/stories/0810/41251_Page2.html

Constitutional Connection:
Article 3, The Judicial Branch, Section 2
"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."

Explanation of Connection: 

    Islamic leaders planned to build a mosque, in New York two blocks away from "Ground zero", where the Twin Towers were attacked on September 11, 2002. The problem arose between those who believe Islamic leaders building the mosque would be an indignity in the memory of those who died during 9/11 and the Islamic leaders looking to build their religious facilities two blocks away. The Islamic people were then offered state land to build their mosque on. The idea has been said to be unconstitutional, for the Islamic leaders to be offered other land, to move them away from they initially wanted. This issue is very similar to that of which the Supreme Court was faced with , when Congress wanted to swap an acre of land in the Mojave Dessert that was apart of a Veterans memorial for another acre of land. A court order was then made to block the land transfer,which was sent to the Supreme Court. The Supreme court sent the controversial issue back to lower courts to be reviewed again. The Supreme Court justices, left this issue unresolved.

   This article demonstrates Article 3, The Judicial Branch, Section 2 of the U.S. Constitution. The Judicial branch has the power to extend to all cases of admiralty and maritime jurisdiction to Controversies to which the U.S. shall be a party. In this specific article the Supreme Court is called upon to help resolve an issue involving the U.S. To judge and make, a responsible and fair decision over the case sent to their court. Although they did not resolve this issue, it is still in the Supreme Court's power to oversee controversies involving any part of the U.S.

  I believe the Supreme Court should have ruled against the court order blocking the land transfer. The land where the veteran memorial is, should be transferred over to it's rightful owners.
  


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