Thank for adding the Supremacy Clause of Art IV of the U. S. Constitution – which states:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
This is the question that all law students argue at great lengths.
The Pennsylvania Constitution and any state constitution has sometime more due process rights than the Federal Constitution on a matter of rights.
The Ex Post Facto section of a state Constitution is in place for a purpose – though at times it puts laws in a old law and a new law status. . . .
In point I would say that all state laws and even its Constitution applies laws in courts of lower jurisdiction in a ministerial capacity. If a lower court in supreme authority decides against the Federal Constitution – The Highest court in the land has right to assume jurisdiction under Article IV. So True but it is weighted heavily to the fact that accepting to hear a Ex Post Facto issue will apply over the 50 states on the issue.
That is why the petition for a writ of certiorari for review is necessary. THE JURISDICTION IS NOT AUTOMATIC ON FACIA PREMIUS .
The high court has to decide to accept the jurisdiction of a review in 90 day.. . . . . . . . . . . . as its own rules state i.e. in whole below:
“The U.S. Supreme Court’s 90-day period for filing a petition for certiorari is jurisdictional, mandatory, and very strictly enforced; there are no exceptions. If the petition is not timely filed according to the U.S. Supreme
Court’s rules (e.g., mailed on Day 91), for any reason whatsoever, it will be rejected:
“The Clerk will not file any petition for a writ of certiorari that is jurisdictionally out of
time.” (S.Ct. R. 13(2) [also incorporated here in 28 U.S.C. § 2101(d)].)
It is therefore exceptionally important for counsel to know exactly when the 90- day jurisdictional period has begun, and when it will end.”
The High court will weigh also a acceptance or denial for hearing a review of a state high court ruling due to the broad with of their decision over all 50 states.
If 4 of the filthy states don’t like a Federal law and its individual high courts shoot it down in their territory jurisdiction – they are one of many and not the whole. (Hope you get this)
So the SCOTUS weights – and it Weights for the states to wrack up one by one on the issue until a 2/3 state re volute
is seen by the highest court in the land on a single issue. Then the High court of the land feels comfortable to adopt jurisdiction by the next certiorari for review it receives from a state for review.
As of now here is the state court on Ex Post Facto – Ohio – Indiana – Maryland – Alaska – Michigan – Soon PENNSYLVANIA
I will say this slow for all to get it – Jurisdiction on a state review is not automatic the supremacy clause is the door way to give the U.S high Court jurisdiction, but the key is will they accept it now. . . . . . . . . . a denial to hear an issue is the high court’s right because to the High Court a decision affecting a few must be weighed over the whole –
6 minus 50 = 44 SORNA is good in 44 states as relation to Ex Post Facto
If the High court take that now- the 6 high court over the 6 can affect the other 44 not in the battle – DO YOU SEE HOW IT WORKS?