That is actually somewhat correct, for vulgar meanings of "jurisdictional."ASITStands wrote:There is a difference between the jurisdictional grants of Article I and Article III.
Article III, section 2, states that the judicial power of the United States extends to all cases arising under "the Laws of the United States." So Article III jurisdiction can extend to all cases arising under any statute constitutionally enacted by Congress.
But Article III goes beyond that, and includes other kinds of cases, such as cases "between Citizens of different States," which creates the Erie Lackawanna Railroad v. Tompkins kind of situation in which federal courts are hearing cases in which there is no federal law at issue.
So all Article I powers could become Article III powers, but not all Article III powers are Article I powers.
Something you keep saying, but refuse to support by any coherent explanation.ASITStands wrote:Where Congress had exclusive legislative jurisdiction under Article I, Sec. 8, in those things granted by the States, the States retained jurisdiction in regard to the Trial of all Crimes, in Article III, Sec. 2, Cl. 3, where those crimes had been committed within the State.
For example, why would the people of the United States grant to Congress the power to provide for the "punishment of counterfeiting" in Article I, section 8, while simultaneously both granting the federal courts judicial power to hear the case under "the Laws of the United States" and denying to federal courts the ability to try the counterfeiter?
I can imagine why the Constitution might provide that a person accused of a crime committed in Georgia should be tried in Georgia, because moving lawyers and witnesses from one state to another would be burdensome in 1790, but I cannot conceive of any reason why the Constitution should provide that a person accused of a federal crime must be tried in a state court.
And I cannot imagine why the authors of the Constitution would write that a trial must be held "in the State" if what they meant was that the trial should be held in a state court.