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What control does the Congress have over the Supreme Court's appellate jurisdiction?
Wiki User
∙ 14y ago
Congress can pass legislation that prevents the US Supreme Court from exercising appellate jurisdiction over certain Executive and Legislative actions, either in whole or in part. This is known as jurisdiction stripping, or curtailment of jurisdiction. Congress cannot pass legislation that interferes with the Supreme Court's original jurisdiction, as granted by the constitution, nor can they concurrently remove jurisdiction from the Supreme Court and inferior courts, leaving no forum to challenge the legislation (although they may specify which court or courts will have original and appellate jurisdiction in such cases, as they did with Guantanamo detainees).
The power to assign jurisdiction derives from three constitutional sources:
Article I, Section 8, Clause 19
"...To constitute tribunals inferior to the Supreme Court;"
Article III, Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
Article III, Section 2
"...In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."
For more information, see Related Questions, below.
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∙ 14y ago
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How were questions concerning the extent of divisions and control of governmental powers resolved?
In the United States, such questions between Congress and the President or as the Constitution refers to them the Legislative and Executive Branch. Are answered by petition to the Judiciary Branch commonly known as the Supreme Court. In the United States Constitution under Article III, Section 2, this is one of the rare places the Supreme Holds original jurisdiction versus appellette jurisidiction
What did republicans control during the civil war in congress?
The Congress
How does the Supreme Court use judicial review to control the power of Congress and the President?
It evaluates laws, executive orders, and policies and makes sure they're constitutional.
Does the US Supreme Court have the power to define the powers of Congress?
No. The Constitution assigns responsibilities and authority to each branch of government, and maintains separation of powers; they don't control each other. The US Supreme Court has the implied power of judicial review, which allows them to determine if an act of Congress is unconstitutional, to nullify it and render it unenforceable. This is part of the US government's system of checks and balances that prevents any branch of government from becoming too powerful.
What are congress controls on the Judiciary?
They approve the appointment of judges. Other than that, their primary power is to pass laws. If they don't like the interpretation of a law that the court has made, the Congress has the ability to pass or modify the law.
Should congress ever limit the jurisdiction of the federal courts for political reasons?
No. The limits are set where they are intended to be; once you let politicians meddle with the lines, you allow a precedent that effectively means Congress controls the courts, an imbalance of power that contradicts the very idea of the system.Clarifying information:Putting aside the issue of tinkering with jurisdiction for "political purposes", it is incorrect to say that limits have been set and that Congress should not control the courts.Congress to a great degree DOES control the jurisdiction of the courts and this is not inconsistent with our Constitution. Article III of the US Constitution states:"The judicial power of the United States shall be vested in one supreme (sic) Court and such other inferior courts as the Congress may from time to time ordain and establish."In addition, Article I states that Congress shall have the power to create tribunals inferior to the Supreme Court. Article I does not state that Congress SHALL do so.Thus, the United States Constitution did not create a federal court system nor even mandate that one be created. Congress has complete constitutional discretion to create, not create or remove a court that had already been created by it.As to jurisdiction specifically, Article III states as to the Supreme Court:"In all other cases before mentioned, the supreme (sic) Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such regulations as the Congress shall make."From this it is clear that Congress has the power to alter the jurisdiction of the federal courts. There have been many Congressional attempts to restrict the jurisdiction of the federal courts. The Supreme Court has ruled that some have been constitutional and others unconstitutional.
What checks or control does the Supreme Courts have on Congress?
The Supreme court determines how laws that are passed by Congress are meant to be interpreted and applied. The Supreme Court also determines whether a law passed by Congress is unconstitutional or not.
What is court of jurisdiction?
"Jurisdiction"simply means "to say the law" so basically any legitimate court is one of jurisdiction because has the right to deal with legal matters. I suppose you are specifically referring to a court of original jurisdiction, which is one that hears trials as they are brought by a prosecutor or plaintiff. This contrasts a court of appellate jurisdiction, better known as a court of appeals, which rule on cases that have already been decided by a lower/original jurisdiction court. A court of appeals looks at the validity of the judgment (civil) or verdict (criminal). Some appellate courts however, such as the US Supreme Court, have other powers such as judicial review and can even hear cases of original jurisdiction if one of the parties to the case is an ambassador, president, etc.
How does the supreme court control power of the congress?
When a law is passed the Supreme Court can decide if it is constitutional.
What brought Native American affairs under the control of Congress and placed the crimes of major offenses under the jurisdiction of federal courts?
the appropriations act of congress
What brought Native American affairs under the control of the congress and placed the crimes of major offenses under the jurisdiction of the federal courts?
The Appropriations Act of Congress
What brought Native Americans affairs under the control of Congress and placed the Crimes of Major offenses under the jurisdiction of the Federal courts?
The Appropriations Act of Congress
What brought Native American affair under the control of congress and placed the crime of major offenses under jurisdiction of federal courts?
The Appropriations Act of Congress
Are there courts controlled by the US Supreme Court?
Not directly. The US Supreme Court is the highest federal appellate court in the United States. Lower courts are supposed to follow precedents set by the Court's decisions, but the Supreme Court doesn't exercise operational control over the lower courts.
Can Supreme Court be dissolved?
No. Article III of the Constitution requires the federal government to establish and maintain a Supreme Court, and prevents Congress from removing individual justices except by impeachment. Congress has some control over the structure of all the federal courts, but it doesn't have the power to dissolve the US Supreme Court.
What does Jurisdictional mean?
What is Jurisdiction?Jurisdiction means the power, right and authority to interpret and apply law.There are various types of jurisdiction, but the broadest categories are appellate jurisdiction (the right to hear a case on appeal from another court) and original jurisdiction, (the right to hear the case as the original trial court).Both are related to subject-matter jurisdiction which determines the type of case (subject) a court may hear and personal jurisdiction, the determines the entities whose cases the court may judge, as opposed to territorial jurisdiction, which covers the physical area over which the court has authority.The US Supreme Court has territorial jurisdiction over the entire United States and its holdings.1. the right, power, or authority to administer justice by hearingand determining controversies.2.power; authority; control: He has jurisdiction over allAmerican soldiers in the area.3.the extent or range of judicial, law enforcement, or otherauthority: This case comes under the jurisdiction of the localpolice.4.the territory over which authority is exercised: All islands tothe northwest are his jurisdiction.
How were questions concerning the extent of divisions and control of governmental powers resolved?
In the United States, such questions between Congress and the President or as the Constitution refers to them the Legislative and Executive Branch. Are answered by petition to the Judiciary Branch commonly known as the Supreme Court. In the United States Constitution under Article III, Section 2, this is one of the rare places the Supreme Holds original jurisdiction versus appellette jurisidiction
