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What kind of jurisdiction does the US Supreme Court have over cases related to Congressional legislation?
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∙ 14y ago
co-appellate jurisdiction
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∙ 10y ago
Wiki User
∙ 14y agoAppellate jurisdiction
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What control does the Congress have over the Supreme Court's appellate jurisdiction?
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 1The 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.
What did the US Supreme Court rule Congressional districts must have an equal number of?
Congressional districts must have nearly the same number of residents. This can't be exact because districts are reapportioned after the census every ten years.
What two types of jurisdiction does the US Supreme Court have?
This question has two possible answers as there are two sets of two types of jurisdiction. One is that there is original and appellate jurisdiction. Original jurisdiction is where the court hears the case at the trial level. Appellate jurisdiction is where the court hears only an appeal from the trial court. The other answer is "in personam" jurisdiction and "in rem" jurisdiction. "In personam" (Latin for "over the person") jurisdiction is where a court has jurisdiction over the persons involved in the lawsuit and is empowered to deal with matters between them. This occurs where a party has filed a complaint and the other party has been properly served with a summons. "In rem" (Latin for "over the thing") jurisdiction occurs when the court has jurisdiction over the particular thing the lawsuit involves and is empowered to deal with all issues involving the thing. An example is where the action is to partition a piece of land or to quiet title to the land or to foreclose on a mortgage. The land is located within the jurisdiction of the court so the court has jurisdiction over all matters involving that land.
Does the US Supreme Court hear cases involving ambassadors?
AnswerUsually in US District Court, although the US Supreme Court may exercise its discretion to hear cases involving ambassadors under original jurisdiction.ExplanationArticle III, Section 2, Paragraph 2 of the US Constitution explicitly granted the US Supreme Court original jurisdiction over cases involving ambassadors and other foreign dignitaries:"In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. 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."The Constitution granted the Supreme Court originaljurisdiction, but allowed Congress to determine whether the jurisdiction would be exclusive or shared.Congress required the Supreme Court to exercise exclusive jurisdiction over cases involving ambassadors until 1978 when they amended Federal law (28 USC § 1251) to allow US District Courts to hold concurrent original jurisdiction over these cases (Public Law 95-393).The Supreme Court has discretion to conduct the trial itself, or to remand the case to US District Court for disposition.28 USC § 1251. Original jurisdiction(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.(b) The Supreme Court shall have original but not exclusive jurisdiction of:(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;(2) All controversies between the United States and a State;(3) All actions or proceedings by a State against the citizens of another State or against aliens.For more information, see Related Questions, below.
Does the US have a Supreme Court and some smaller courts?
Yes. The US Supreme Court has highest appellate jurisdiction in the US. The other constitutional courts of the Judicial Branch -- the 94 US District Court, 13 US Court of Appeals Circuit Courts, US Court of International Trade -- are below the Supreme Court. There are also courts in the Legislative Branch of government, such as Bankruptcy Courts and US Tax Courts, that are lower than the Supreme Court.
Has Congress ever limited the appellate jurisdiction of the US Supreme Court?
Yes. 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).Some other examples of legislation that stripped jurisdiction from the Supreme Court:The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (denied federal courts the right to challenge decisions the INS makes regarding asylum-granting).The Prison Litigation Reform Act of 1996 (PLRA) (restricts remedies to civil litigation relating to prison conditions)The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) (limits the number of habeas petitions state prisoners can file in federal court).For more information, see Related Questions, below.
What control does the Congress have over the Supreme Court's appellate jurisdiction?
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 1The 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.
A court with what jurisdiction would issue a writ of certiorari?
A writ of certiorari is issued under appellate jurisdiction, most often by the Supreme Court.
What did the US Supreme Court rule Congressional districts must have an equal number of?
Congressional districts must have nearly the same number of residents. This can't be exact because districts are reapportioned after the census every ten years.
Does the US Supreme Court hear mostly original or appellate jurisdiction cases?
Most cases reach the US Supreme Court under its appellate jurisdiction. The only cases the Court currently hears under original jurisdiction involve disputes between the states, which accounts for only a tiny portion of its caseload.For more information, see Related Questions, below.
The US Supreme Court is what kind of branch?
The US Supreme Court is an Article III (constitutional) court, and the highest appellate court for federal question jurisdiction, or cases involving issues related to the US Constitution, federal law, or treaties of the United States.The Supreme Court also has exclusive original jurisdiction (is the only trial court) for disputes between the states.
What is the nationality jurisdiction?
what is nationality principle related to state jurisdiction
Does property automatically go to the closest heir?
No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.
What two types of jurisdiction does the US Supreme Court have?
This question has two possible answers as there are two sets of two types of jurisdiction. One is that there is original and appellate jurisdiction. Original jurisdiction is where the court hears the case at the trial level. Appellate jurisdiction is where the court hears only an appeal from the trial court. The other answer is "in personam" jurisdiction and "in rem" jurisdiction. "In personam" (Latin for "over the person") jurisdiction is where a court has jurisdiction over the persons involved in the lawsuit and is empowered to deal with matters between them. This occurs where a party has filed a complaint and the other party has been properly served with a summons. "In rem" (Latin for "over the thing") jurisdiction occurs when the court has jurisdiction over the particular thing the lawsuit involves and is empowered to deal with all issues involving the thing. An example is where the action is to partition a piece of land or to quiet title to the land or to foreclose on a mortgage. The land is located within the jurisdiction of the court so the court has jurisdiction over all matters involving that land.
What is the court of original jurisdiction in the federal system?
US District Courts have original jurisdiction in most cases of general jurisdiction; however the US Supreme Court has original jurisdiction in a limited class of cases, such as those involving disputes between the states.
Why does Congress exercise its power to change the size of the US Supreme Court?
Congress has changed the size of the Supreme Court several times during the history of the United States, sometimes adjusting the number of seats to accommodate heavier or lighter caseloads in response to the addition of States or legislation increasing the number of federal courts over which the Supreme Court has appellate jurisdiction. On several occasions, Congress has used this authority to reduce the size of the Court as a check on the power of the President, to prevent him from filling a vacancy or potential vacancy. For more information, see Related Questions, below.
Why do people approach the supreme court if they are not satisfy with the high court or district court?
The Supreme Court (at least in the USA) is the final arbitrator of cases. Cases are submitted to the Supreme Court in order to correct errors in judgment for the lower courts; even traffic tickets can go to the US Supreme Court, although it is highly unlikely because the Supreme Court has jurisdiction to take the appeal only if the appeal involves a federal question of some sort. The US Supreme Court has no jurisdiction over matters that are purely state related. Errors in judgment can cover a wide array of things (much too long to answer here).
