Congressional Control over
Federal Court Jurisdiction
or The Congress Strikes Back
Fall, 2000
Court Stripping
1
Sources of Cong’l Authority
• Art. III, sec. 1, par. 1 (lower courts)
– The judicial Power of the US shall be vested
… in such inferior Courts as the Congress
may from time to time ordain and establish
• Art. III, sec. 2, par. 2 (Supreme Court)
– In all the other Cases before mentioned, the
supreme Court shall have appellate jdx, both
as to law and fact, with such Exceptions,
and under such Regulations as the
Congress shall make.
Fall, 2000
Court Stripping
2
Limits on Court Sripping
• Internal limits
– apparently none
• External limits
– express prohibitions
• Could congress deny original lower court
jdx or S.Ct. appellate jdx to
– particular classes of parties (e.g., minorities)
– particular types of cases (e.g., abortion)
– implied structural prohibitions
Fall, 2000
Court Stripping
3
Structural limits - SoP
• Interference
– Can congress control federal jurisdiction in
such a manner as to prevent courts from
performing their essential Art. III functions?
– Ex parte McCardle
• By eliminating appellate jdx under the Act of
1867, has congress prevented the S. Court
from passing on constitutional questions?
• Can the Court still perform its “essential
function”? See Ex parte Yerger; Felker v.
Turpin - All Writs Act, 28 USC § 1651
Fall, 2000
Court Stripping
4
SoP continued
• Usurpation
– Hs congress used its power to control jdx in
such a manner as to arrogate to itself the
authority to decide cases?
– U.S. v. Klein
• directed the outcome of a case sub judice
• determined the effect of a presidential pardon
– Robertson v. Audubon (not assigned)
• change in underlying law, which may affect
outcome, not a usurpation of judicial role
Fall, 2000
Court Stripping
5
Plaut v. Spendthrift
• Interference
– congress denies effect to final judgments
• Usurpation
– congress reviews the correctness of final
decisions
• Prospective vs. Retroactive changes in
law
– congress may change applicable law and
apply it to all future and pending cases
Fall, 2000
Court Stripping
6