Theory of Plenary Congressional Control Conclusion

Conclusion of the Theory of Plenary Congressional Contro

There 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 original and appellate jurisdiction of the inferior federal courts and the appellate jurisdiction of the Supreme Court; so much is clear from the practice since 1789 and the holdings of many Court decisions. That its power extends to accomplishing by means of its control over jurisdiction actions which it could not do directly by substantive enactment is by no means clear from the text of the Constitution or from the cases.

Theory of Plenary Congressional Control Conclusion and the U.S. Constitution

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This text about Theory of Plenary Congressional Control Conclusion is based on “The Constitution of the United States of America: Analysis and Interpretation”, published by the U.S. Government Printing Office.

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