Can Congress limit/stop the Supreme Court's appellate powers? Have they?
January 20, 2013 3:50 PM Subscribe
Am I reading the US Constitution Article III Section 2 correctly, when it seems to say that Congress can legislatively make exceptions to the Supreme Court having appellate jurisdiction? If I am reading it correctly, have they ever done so, or has there ever been a serious proposal to do so? Are any such exceptions in place now? What were/are the details of such exceptions?
posted by Flunkie to Law & Government (4 answers total) 1 user marked this as a favorite
The section in question says, in part, that except for certain specific matters over which the Supreme Court has original jurisdiction, it "shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
That reads to me like the Supreme Court has appellate jurisdiction unless Congress says it doesn't. That kind of surprised me, so I want to know if I'm interpreting it correctly or not. If I am, I'm additionally interested in situations where it has actually happened, if ever, and stuff like that.