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U.S. Courts of Appeal are Article III constitutional courts

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  • Supreme Law Firm
    Old Colony Trust Co. v. C.I.R., 279 U.S. 716, 724 [circuit courts of appeal are constitutional courts] http://laws.findlaw.com/us/279/716.html a Circuit Court
    Message 1 of 1 , Dec 1, 2005
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      Old Colony Trust Co. v. C.I.R., 279 U.S. 716, 724
      [circuit courts of appeal are constitutional courts]
       
       
      a Circuit Court of Appeals ... is a constitutional court ( Ex parte Bakelite Corporation, No. 17, Original, 279 U.S. 438 , 49 S. Ct. 411, 73 L. Ed. -, decided May 20, 1929)
       
      ...
       
      The Circuit Court of Appeals is a constitutional court under the definition of such courts as given in the Bakelite Case, supra, and a case or controversy may come before it, provided it involves neither advisory nor executive action by it.
       
      [/excerpt]
       
       
      [excerpt]

      Further dramatic support for this construction can be found in the discussion of "Constitutional courts" in the second edition of American Jurisprudence:
       
      Among the constitutional courts are the District Courts of the United States, including the United States District Court in Puerto Rico, the United States Courts of Appeals , the United States Supreme Court, the Court of International Trade, and the District of Columbia courts having jurisdiction over cases arising under federal statutes of nationwide application , such as the United States District Courts in the District of Columbia.  Citing Mookini v. U.S., 303 U.S. 201;  Old Colony Trust Co. v. C.I.R., 279 U.S. 716, 724  [circuit courts of appeal are constitutional courts];  and O'Donoghue v. U.S., 289 U.S. 516.
       
      [32 Am Jur 2d, ยง 5, page 327]
       
      [/excerpt]
       
      Note well that the USDC is not even mentioned in the excerpt from
      American Jurisprudence above!

       
      Sincerely yours,
      /s/ Paul Andrew Mitchell, B.A., M.S.
      Private Attorney General, Criminal Investigator and
      Federal Witness:  18 U.S.C. 1510, 1512-13, 1964(a)
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