Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

Jurisdiction-Stripping and the Supreme Court's Power to Supervise Inferior Tribunals

Authors: James E. Pfander;

Jurisdiction-Stripping and the Supreme Court's Power to Supervise Inferior Tribunals

Abstract

Most accounts of the power of Congress over the appellate jurisdiction of the Supreme Court focus on the Exceptions and Regulations Clause and the degree to which it authorizes Congress to restrict the Court's role as the ultimate interpreter of federal law. [This Article] proposes to broaden the debate over jurisdiction stripping to include a consideration of the constitutional significance of the Court's required "supremacy." Beginning with the text of Articles I and III, [the Article] notes the requirement that any federal courts that Congress creates must remain "inferior" to the one Supreme Court that the Constitution itself requires. [It] shows that the framers of the Constitution were likely to have understood the required relationship of supremacy and inferiority to entail a power in the Supreme Court to supervise lower courts through the issuance of the supervisory writs of mandamus, prohibition, and habeas corpus. Building on this supervisory understanding of the Court's supremacy, [the Article] reviews the historical and doctrinal case for a constitutional power of supervision. Finding broad support for such a power in the adoption and interpretation of the statutory precursors of the modern All Writs Act, [it] concludes that Congress may not place the work of lower federal courts beyond the supervisory authority of the Court.

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    4
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Average
Average
Average
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!