Does the Congress have the authority to change the court's jurisdiction?

Answer 1

Yes. Congress has authority to alter federal court jurisdiction, or even eliminate a court altogether (with the exception of the US Supreme Court). Congress can even alter some of the Supreme Court's jurisdiction via jurisdictional stripping over certain types of appellate matters through general legislation.

The Supreme Court's original jurisdiction can only be changed by Constitutional Amendment; however, Congress can determine whether the Supreme Court exercises exclusive original jurisdiction or shared jurisdiction over certain classes of cases.

Examples

Congress assigned the trial of ambassadors and other foreign ministers, which is constitutionally listed as part of the Supreme Court's original jurisdiction, to the US District Courts, but decided the Supreme Court has exclusive original jurisdiction over disputes between the states.

One example of a constitutional amendment being used to change the Court's jurisdiction is when Congress and the States passed the Eleventh Amendment, revoking the Supreme Court's original jurisdiction over disputes between the states and citizens of another state. This was done in response to Chisholm v. Georgia, 2 US 419 (1793), a case in which the Supreme Court declared the states lacked sovereign immunity from being sued by citizens for war claims. Loss of sovereign immunity could have had a potentially disastrous impact on state economics.

Congress can also strip any federal court (including the US Supreme Court) of certain types of jurisdiction by general legislation. One example is when Congress denied the Supreme Court the ability to consider writs of habeas corpus from Guantanamo detainees during the Bush administration. The legislation assigned original jurisdiction to specially created tribunals, and appellate jurisdiction to the US District Court for the District of Columbia. This legislation was later declared unconstitutional because the tribunals routinely denied prisoners' due process.

Answer 2

The Supreme Court's original jurisdiction can only be changed by Constitutional Amendment; however, Congress can engage in jurisdictional stripping over certain types of appellate matters through general legislation.

Congress can also determine whether the Supreme Court exercises exclusive jurisdiction or shared jurisdiction over the classes of cases the US Constitution assigned the Court under original jurisdiction.

Explanation

The Supreme Court's original jurisdictional authority is determined by the Constitution, and can only be changed by a constitutional amendment. An amendment may originate in either the House of Representatives or the Senate (Legislative branch), but must pass both by 2/3 supermajority in order to be presented to the states. Seventy-five percent of the states must ratify the amendment before it can be adopted.

There is no branch of government with the authority to pass legislation governing the original jurisdiction of the Supreme Court without the agreement of the state governments.

One example of a constitutional amendment being used to change the Court's jurisdiction is when Congress and the States passed the Eleventh Amendment, revoking the Supreme Court's original jurisdiction over disputes between the states and citizens of another state. This was done in response to Chisholm v. Georgia, 2 US 419 (1793), a case in which the Supreme Court declared the states lacked sovereign immunity from being sued by citizens for war claims. Loss of sovereign immunity could have had a potentially disastrous impact on state economics.

Congress can, however, strip the court of certain types of jurisdiction by general legislation. One example is when Congress, under the Bush 2 Administration, denied the Supreme Court the ability to consider writs of habeas corpus from Guantanamo detainees. The legislation assigned original jurisdiction to specially created tribunals, and appellate jurisdiction to the US District Court for the District of Columbia. This legislation was later declared unconstitutional because the tribunals routinely denied prisoners' due process.

Answer 3

With respect to federal courts, yes, except for the Supreme Court. Article III, Section 1, of the Constitution specifies that Congress has the express authority to "ordain and establish" courts inferior to the Supreme Court.

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Answer 4

No. The Constitution is very specific about the process for choosing US Supreme Court justices. The President has sole authority to nominate a candidate; the Senate has sole authority to vote whether to accept or reject the nomination; the House of Representatives plays no role in the appointment process. All justices reach the Supreme Court in this way.

Answer 5

No. The US Supreme Court takes no part in amending the Constitution.

Article V of the Constitution explains the amendment process, a joint effort between the Legislative branch and the individual States. Although the States can initiate changes by calling a convention, in practice, amendments to the Constitution have always originated with Congress, in either the Senate or House of Representatives.

Article V

"The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate."

Answer 6

Congress cannot change a supreme court decision. They can only implement new legislation which the court can continue to rule on. To change the basis of a supreme court decision, the constitution needs to be changed.

Answer 7

Only if the need is urgent, or if the law changes. The original jurisdiction is said in law, so they cannot expand the scope. However congress has the ability to change this, but I doubt it would get passed through the necesary court.