ABSTRACT

Congress's Power Over Courts: Jurisdiction Stripping and the Rule of 'Klein' [September 26, 2017]   [open pdf - 693KB]

"Article III of the Constitution establishes the judicial branch of the federal government. Notably, it empowers federal courts to hear 'cases' and 'controversies.' The Constitution further creates a federal judiciary with significant independence, providing federal judges with life tenure and prohibiting diminutions of judges' salaries. But the Framers also granted Congress the power to regulate the federal courts in numerous ways. For instance, Article III authorizes Congress to determine what classes of 'cases' and 'controversies' inferior courts have jurisdiction to review. Additionally, Article III's Exceptions Clause grants Congress the power to make 'exceptions' and 'regulations' to the Supreme Court's appellate jurisdiction. Congress sometimes exercises this power by 'stripping' federal courts of jurisdiction to hear a class of cases. Congress has gone so far as to eliminate a court's jurisdiction to review a particular case in the midst of litigation. More generally, Congress may influence judicial resolutions by amending the substantive law underlying particular litigation of interest to the legislature."

Report Number:CRS Report for Congress, R44967
Author:Peck, Sarah Herman
Publisher:Library of Congress. Congressional Research Service
Date:2017-09-26
Copyright:Public Domain
Retrieved From:Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:pdf
Media Type:application/pdf
URL:https://www.hsdl.org/?view&did=804643
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