2.Although the Court’s authority stems from the Constitution, it “isconferred w/ such exceptions and under such regulations as congressshall make.”
S.Ct. right to hear an HC case is only withdrawn where Courtgets case by appeal from lower courts; an original petition for HC could be commenced in S.Ct. (
Felker v. Turpin)
(S.Ct. decides what constitutes loyalty after Civil War)
Separation of powers is a limit on Congress’ authority to limit S.Ct. jurisdiction.2.
While acknowledging Congress’ power to create exceptions andregulations to the Court’s appellate jurisdiction, Congress cannotdirect the results in particular cases, there by invading the judicialfunction.
Any jurisdictional limitation must be
Robertson v. Seattle Audubon
Congress has power to pass legislation that will affect only suitspending or going forward.
2.Courts must apply new law to cases pending – not old cases or factfinding.vii.
Important consideration: Article III shouldn’t be looked at in isolation.
1.“Everyone should have their day in court.”Supreme Court’sOriginal JurisdictionSupreme Court’sAppellate JurisdictionLower FederalCourt’s Jurisdiction
of CongressPower None(can’t be altered or added/subtracted)Art. III §2 cl.2 McCardleArt. III §1Art. I §8 cl.9Constraints on Congress’sPower N/ABill of Rights Separation of PowersBill of Rights Separation of Powers
Prohibition on advisory opinions
To avoid being an advisory opinion, there must:
between adverse litigants, and
A substantial likelihood that a federal court decisionwill bring about some change or effect.
2.Court doesn’t give advice on how to do something – only CASE or CONTROVERSY!3.Congress cannot vest review of the decisions of Art III Courts inofficials of the Executive Branch (
’s case).4.A statute cannot
retroactively command the federal courts to