English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

Does Congress have the power to eliminate the Supreme Court's entire appellate jurisdiction under the Exceptions Clause?

2006-10-16 04:19:02 · 2 answers · asked by krismas 2 in Politics & Government Government

2 answers

No, but Congress could substantially eviscerate such jurisdiction. By its very terms, the Exceptions Clause creates the Supremes' appellate jurisdiction, subject to limitiations by Congress. And indeed, Congress has frequently used this power to carve out niches of exceptions to the Supremes' jurisdiction. As a practical matter, however, Congress could never endure the legal and political firestorm they would create by stripping the Supremes of appellate jurisdiction over the bulk of their caseload.

2006-10-16 04:34:19 · answer #1 · answered by PosseComitatus 2 · 0 0

PosseComitatus said it all, however, I disagree with the Congress not withstanding an abuse of the Exceptions Clause. Any such abuse would become law, up to and until either the President vetoes same or the Supreme 9 are able to hear the case and decide. Since the system is set up so Supreme Court cases languish through the pseudo-Judiciary system, then the abuses would be legal. Our system of politics protects the wealthy elite, while endangering the rest of us. I love my country and democracy, yet hate my Government and the Americanized version of democracy.

2006-10-16 04:56:29 · answer #2 · answered by Damien104 3 · 0 0

fedest.com, questions and answers