court jurisdiction Quotes
On June 12, 1789 a Senate committee proposed a federal court system for the nation. Maclay described it as:
He was convicted as a War Criminal, sentenced to death, and then his sentence was commuted to life imprisonment. His quote is important because this was the defense that was totally rejected by the Nuremberg Tribunal—a solder is not required to obey an order to commit a war crime and if he does, he is as guilty as the person who gave the order.
It passed with 70 percent of the vote. It was triggered by a case in New Jersey where a Muslim man assaulted and raped his wife, and the Judge found that he did not have the “Criminal Intent” because he was brought up under Sharia law which allows a husband for beat a wife and force her to have sexual relations if she refused. The New Jersey appellate court overturned the judge’s decisions, but the Oklahoma advocates for the Question argued that this initiative would be sure that no judge in Oklahoma would make a similar judicial decision.
This was the first restriction on immigration and citizenship, and was at the time uniquely directed against Chinese.
Sealed under duress and later repudiated by the King with Papal assistance. Prior to Magna Carta, anyone with a civil suit had to take his case to the King's court which moved about as the King traveled. This set the precedent of a fixed court for a jurisdiction, something we totally take for granted today." John Lackland
Prior to that there was no redress any layperson had except to the religious courts. Churches throughout the Christian world excoriated this early separation between church and state, and giving civil courts jurisdiction over the churches on non-religious matters. Thomas Beckett led the English opposition to the enforcement.
The Supreme Court limited authority of religious courts to matters where both parties belonged to the religion. Jewish courts had tried to assert the power to annul mixed marriages where only one party was Jewish on the grounds that orthodox Jews oppose mixed marriage. Conflict between religious & civil courts has existed ever since there have been civil courts. Historically there was no separation & the Religious Courts in ancient Israel, early Christendom & Islam had universal jurisdiction. As Europe’s civil authorities wrested authority from religious courts, modernity has diminished or eliminated the legal jurisdiction of religious courts. Even in the United States there are courts operated by some religions; if members wish to voluntarily submit their disputes, they can. In most Islamic countries & Israel there are religious courts which have some authority over family & purely religious matters & in Muslim theocracies the religious courts are the only courts as in ancient times.
