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that other departments of the Commission are considering
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situations in which the Supreme Court would have original
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jurisdiction, as for instance in apportionment cases.
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JUDGE PROCTOR: This very draft gives this.
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jurisdiction to remove judicial, which is something other
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than appellate, and the present Constitution says, as now
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is, and may be. What do you have as now is?
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8
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MR. ENEY: One of the general rules that we
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are trying to follow in the Commission, and I forgot to
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mention earlier, is that we are striving to avoid every
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statement anywhere in the Constitution which incorporates
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unspecified provisions of the law as they stand at the
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time so that we will not use any phrases such as juris-
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diction now conferrable or such as is now. the law or any-
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thing of the sort, so that you can get everything needed
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in the Constitution and not have to refer to some other
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source.
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JUDGE CLAPP: The problem that has been run
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into in code States, unless you can find something in the
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Constitution, it may well be prohibited.
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MR. ENEY: No, because of the general rule
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