Congressional Control of Federal and State Jurisdiction
Introduction
i. If Article III is the floor of the federal jurisdiction, the minimum jurisdiction that must be vested in federal courts, then federal courts must be able to hear all of the matters described in Article III. Congress might add to this list, but cannot subtract from it. Alternatively, if Article III is the ceiling of federal jurisdiction, the maximum jurisdiction allowed, then Congress might remove from federal court authority but cannot add to it. If Article III is both the floor and the ceiling, then federal courts must be able to hear all matters outlined in Article III, but no more; that is, Congress can neither add to nor subtract from federal jurisdiction under this view. Finally, if Article III is neither the floor nor the ceiling, then it simply an initial allocation and Congress may add to or subtract from federal jurisdiction as it deems appropriate.
ii. Purpose of jurisdiction stripping
1. To achieve a change in the substantive law by a procedural device.
Congressional Restriction of the Jurisdiction of the United States Supreme Court
i. Dispute over meaning of constitutional text
1. Those who believe that Congress can limit Supreme Court jurisdiction to hear particular matters point to the language of Article III, §2. “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. The claim is that the unambiguous language authorizes Congress to create exceptions to the Court’s jurisdiction and that such exceptions include the ability to preclude review of particular topics.
2. Others argue that Congress could create an exception to the Court’s jurisdiction for review matters of fact, but Congress could not eliminate the Court’s appellate jurisdiction for issues of law
ii. Precedents for both arguments:
1. Ex Parte McCardle
a. The Court decided that it could not decide McCardle’s case because of Congress’ authority to create exceptions and regulations to the Court’s app
its creation jurisdiction of any one of the enumerated controversies. Congress has the authority to create lower federal courts and Congress also has the authority to determine their jurisdiction.
3. Approach 3: Constitutional requirement for some federal courts
4. Approach 4: Specific constitutional limits
a. Congress has discretion both to create lower federal courts and to determine their jurisdiction, but Congress may not restrict the jurisdiction in a manner that violates other constitutional provisions.
iv. Congressional Power to Enlarge the Jurisdiction of the Federal Courts
1. Can Congress authorize jurisdiction in excess of Article III?
a. Marbury v. Madison
Established that Article III is the ceiling of the Supreme Court’s original jurisdiction. Congress cannot authorize the Supreme Court to issue writ of mandamus as part of
