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Who decides if the US Supreme Court can be given further original jurisdiction?
Wiki User
∙ 14y ago
Answer
The Supreme Court's jurisdiction can only be expanded by Constitutional amendment; however, Congress can engage in jurisdictional stripping, in which authority to hear certain types or classes cases not specified in Article III, Section 2, can be denied*.
* (One example is Congress, under the Bush Administration, revoking the Court's right to adjudicate writs of habeas corpus for Guantanamo detainees. This legislation has since been declared unconstitutional because the substitute procedure denied prisoners' due process.)
Explanation
Either the Senate would have to introduce a bill, or the House would have to introduce a resolution, that received a two-thirds vote of both houses of Congress. The proposed amendment would then be sent to the states for ratification. If three-quarters of the states (actually 39 states) ratify the amendment within the prescribed time frame (7 years is typical), then the Constitution could be modified to change the Supreme Court's jurisdiction.
This issue was addressed in Marbury v. Madison, (1803), when the Marshall Court declared Congress had overstepped its Constitutional authority by attempting to add responsibility for writs of mandamus (a court order compelling an official to act - or refrain from acting - on something over which the official has legal responsibility) for US government officials in the Judiciary Act of 1789. The Court declared Section 13 of the act unconstitutional, nullifying that part of the legislation.
In contrast, Congress successfully revoked the Supreme Court's original jurisdiction over disputes between a state and citizens of another state (Article III, Section 2), by collaborating with the States to pass the Eleventh Amendment. This was done in response to the Court's decision in Chisholm v. Georgia, (1793), when the Jay Court decided states lacked sovereign immunity from civil suits brought by citizens for debt incurred during the Revolutionary War.
"The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state"
Wiki User
∙ 14y ago
The Constitution grants Congress the power to determine the original jurisdiction of the Supreme Court. Therefore, it is ultimately up to Congress to decide whether to expand or limit the Court's original jurisdiction. However, it requires a law or an act of Congress to grant the Supreme Court additional original jurisdiction beyond what is specified in the Constitution.
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When the US Supreme Court heard Marbury vs Madison was it under original jurisdiction or appellate jurisdiction?
The Supreme Court heard the case under original jurisdiction because the Judiciary Act of 1789 assigned to the Court the responsibility for all writs of mandamus. However, John Marshall determined the Constitution hadn't granted the Supreme Court subject matter jurisdiction over Marbury's case, and that the proper initial venue would be federal District Court.Therefore, while the Court determined Marbury was entitled to his commission, they couldn't compel Secretary of State Madison to deliver it. Had Marbury wanted to pursue the matter further, he would have to refile in District Court. If he wasn't granted satisfaction in the lower courts, then the Supreme Court could properly hear his petition under its appellate jurisdiction.Marbury never refiled the case, and never became justice of the peace.Case Citation:Marbury v. Madison, 5 US 137 (1803)
Which Illinois court is the true trial court?
Unsure what it is that is being asked. Any Circuit Court of original jurisdiction is a "true" trial court. See below link for further infomration:
Is federal law superior to the state law?
Yes, the federal law applies across all states. Further state and Federal Laws can not violate the constitution and it is the US supreme court that decides if they do and if so will strike them down.
What are the other two courts that are part of the federal judicial system?
In addition to the Supreme Court of the United States, also known as SCOTUS, the US Congress created the Federal District Courts and the Circuit Courts of Appeal. If a case is to be heard in the Federal Courts, almost always begins in the Federal District Courts because they have first or original jurisdiction. If a party in the District Court case wishes to appeal the decision, it is referred to a three-judge panel in the appropriate Circuit Court. At present, if a party wishes to appeal further, it appeals to the US Supreme Court. SCOTUS has original jurisdiction if a foreign country is a party in the case or if a case between states arises; otherwise it has appellate or appeal-related jurisdiction.
Where in the Constitution is Congress given the right to change the US Supreme Court's appellate jurisdiction?
This is both an express and implied power granted under Article III, Sections 1 and 2, where Congress is vested with the authority to establish courts inferior to the Supreme Court. Assigning jurisdiction is part of the creation process, and is discussed further under Section 2.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. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office."The Supreme Court is given original jurisdiction over specific classes of cases in Article III, Section 2, that are not subject to legislative change; but Congress is granted the ability to make exceptions to the Court's appellate jurisdiction ("with such exceptions, and under such regulations as the Congress shall make")Section 2"The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects."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."For more information, see Related Questions, below.
What happens when the high court lacks jurisdiction over a case?
When any court realizes it has no jurisdiction over a matter, it must immediately dismiss it from its calendar so that it may be refiled in a court which does have jurisdiction. No further action may be taken. The decision entered by the lower court will stand until an appellate court that does have jurisdiction rules otherwise.
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The presiding disciplinary judge at the Colorado Supreme Court is currently Judge William Lucero. One may find further information about Judge Lucero via the official Colorado Supreme Court.
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