Congressional Control of Supreme Court Appellate Jurisdiction: Why the Original Jurisdiction Clause Suggests an 'Essential Role'
In: Yale Law Journal, Jg. 100 (1991), S. 1013
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Zugriff:
There has been considerable debate about the limits of Congress' power under the exceptions clause 1 to strip the Supreme Court of appellate jurisdiction. Some have argued that Congress may strip the Court of all its appellate jurisdiction, withhold jurisdiction from the lower federal courts, and thereby all but eliminate the judicial branch. 2 Others have argued that the Supreme Court has an "essential role" that Congress may not destroy through exceptions. 3 Still others have argued that the exceptions clause gives Congress unfettered discretion to distribute appellate jurisdiction among the federal courts -- that is, to make exceptions in favor of other Article III courts. 4 The first of these theories, which would give Congress power to destroy the judicial branch, seems the least plausible and will be considered only briefly in this Note. 5 Proponents of the second theory (the essential functions reading) and proponents of the third (the distributive reading) believe that the Constitution requires the existence of a federal judiciary, but they differ as to how that judiciary may be structured. Proponents of the distributive reading argue that federal courts are "structurally superior" to state courts but that all federal courts are equal to each other. 6 They deny that there is an "essential role" for the Supreme Court that limits Congress' power to strip the Supreme Court of appellate jurisdiction and assign that jurisdiction to lower federal courts. This Note presents a new argument in support of the "essential role" thesis 7 and ...
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Congressional Control of Supreme Court Appellate Jurisdiction: Why the Original Jurisdiction Clause Suggests an 'Essential Role'
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Autor/in / Beteiligte Person: | Dodge, William S. |
Zeitschrift: | Yale Law Journal, Jg. 100 (1991), S. 1013 |
Veröffentlichung: | 1991 |
Medientyp: | academicJournal |
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