Tag: Plenary Congressional Control
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Theory of Plenary Congressional Control
The Theory of Plenary Congressional ControlUnlike its original jurisdiction, the appellate jurisdiction of the Supreme Court is subject to "exceptions and regulations" prescribed by Congress, and the jurisdiction of the inferior federal courts is subject to congressional prescription. Addi…
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Appellate Jurisdiction
Appellate JurisdictionIn Wiscart v. D'Auchy,1 the issue was whether the statutory authorization for the Supreme Court to review on writ of error circuit court decisions in "civil actions" gave it power to review admiralty cases.1171 A m…
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Jurisdiction of the Inferior Federal Courts
Jurisdiction of the Inferior Federal CourtsThe Framers, as we have seen,1 divided with regard to the necessity of courts inferior to the Supreme Court, simply authorized Congress to create such courts, in which, then, judicial power "shall be ve…
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Congressional Control over Writs and Processes
Congressional Control Over Writs and ProcessesThe Judiciary Act of 1789 contained numerous provisions relating to the times and places for holding court, even of the Supreme Court, to times of adjournment, appointment of officers, issuance of writs, citations for contempt, and many other matters whi…
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Theory of Plenary Congressional Control Reconsidered
The Theory of Plenary Congressional Control ReconsideredDespite the breadth of the language of many of the previously cited cases, the actual holdings constitute something less than an affirmance of plenary congressional power to do anything it desires by manipulation of jurisdiction, and, indeed, t…
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Express Constitutional Restrictions on Congress
Express Constitutional Restrictions on CongressCongress.-"[T]he Constitution is filled with provisions that grant Congress or the States specific power to legislate in certain areas; these granted powers are always subject to the limitations that they may not be exercised in a way that …
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Theory of Plenary Congressional Control Conclusion
Conclusion of the Theory of Plenary Congressional ControThere thus remains a measure of doubt that Congress's power over the federal courts is as plenary as some of the Court's language suggests it is. Congress has a vast amount of discretion in conferring and withdrawing and structuring the…