The topic of
discussion for this Constitution Monday comes from Article III, Section 2, and
Clause 2: “In all the other Cases before
mentioned [all cases arising under the Constitution or the federal laws and
treaties], the supreme Court shall have appellate Jurisdiction, both as to Law
and Fact, with such Exceptions, and under such Regulations as the Congress
shall make.”
“This provision gives the
Congress the RIGHT to limit the appellate jurisdiction of the Supreme Court on
any subject not previously allocated to it as a matter of primary jurisdiction
by the Constitution.
“This provision was not designed
to give Congress the power to limit the jurisdiction of the federal courts, but
simply to make decisions on many topics conclusive after a hearing in the lower
courts. It was the purpose of the
Founders to protect the Supreme Court from being submerged by a mountain of
trivial cases when it should be concentrating its attention on matters of
national importance” (See W. Cleon Skousen in The Making of America – The Substance and Meaning of the Constitution, p.
612).
“Recent debate over the
Appellate Jurisdiction Clause has centered on proposals for legislation that
would remove existing Supreme Court jurisdiction. Constitutional scholars strongly disagree as
to how far Congress may go in removing Supreme Court jurisdiction under the
clause….
“The Supreme Court has remained
aloof from the scholarly contest, leaving its precedents to stand for broad
congressional authority to limit the appellate jurisdiction of the Supreme
Court. Thus far, the Court has followed
the lead of John Marshall, who stated in the Virginia ratifying
convention: `Congress is empowered to
make exceptions to the appellate jurisdiction, as to law and fact, of the
Supreme Court. These exceptions
certainly go as far as the legislature may think proper for the interest and
liberty of the people’” (See Andrew S. Gold in The Heritage Guide to the Constitution, p. 260).
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