The nature of judicial review - Congressional power to define and limit

Learning Outcomes

After reading this article, you will be able to explain how Congress can define and limit the jurisdiction of federal courts, especially the Supreme Court, under Article III of the U.S. Constitution. You will understand the Exceptions Clause, the distinction between original and appellate jurisdiction, and the constitutional boundaries on Congressional power to restrict judicial review—key for answering MBE questions on federal courts and separation of powers.

MBE Syllabus

For MBE, you are required to understand the constitutional framework for judicial review and the extent of Congressional authority to define and limit federal court jurisdiction. This article covers:

  • The source and scope of federal judicial power under Article III.
  • Congressional power to make exceptions to the Supreme Court’s appellate jurisdiction.
  • The difference between original and appellate jurisdiction.
  • Constitutional limits on Congressional restriction of federal court jurisdiction.
  • The role of the Exceptions Clause and the concept of adequate and independent state grounds.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following is true regarding Congress’s power over the Supreme Court’s appellate jurisdiction?
    1. Congress may eliminate all avenues for Supreme Court review of federal questions.
    2. Congress may make exceptions to the Supreme Court’s appellate jurisdiction, but must leave some federal forum for constitutional claims.
    3. Congress may restrict the Supreme Court’s original jurisdiction.
    4. Congress may not regulate the Supreme Court’s appellate jurisdiction at all.
  2. If a state court decision rests on both federal and adequate independent state grounds, the U.S. Supreme Court:
    1. Must review the federal issue.
    2. May review only the state issue.
    3. Lacks jurisdiction to review the case.
    4. May remand for clarification.
  3. Congress passes a law removing Supreme Court appellate review of all cases involving a specific federal statute. What is the strongest constitutional argument for the law’s validity?
    1. Congress may regulate both original and appellate jurisdiction of the Supreme Court.
    2. Congress may make exceptions to the Supreme Court’s appellate jurisdiction under Article III.
    3. Congress may abolish all federal courts.
    4. Congress may remove all judicial review of federal statutes.

Introduction

The U.S. Constitution establishes the federal judiciary’s powers and the boundaries of judicial review. Article III vests the judicial power in the Supreme Court and such inferior courts as Congress may establish. However, Congress has significant authority to define and limit the jurisdiction of federal courts, especially the appellate jurisdiction of the Supreme Court. This article examines the extent and limits of Congressional power to restrict judicial review, focusing on the Exceptions Clause, the distinction between original and appellate jurisdiction, and the requirement that some federal forum remain for constitutional claims.

Key Term: Article III Judicial Power
The authority granted to federal courts by Article III of the U.S. Constitution to decide cases and controversies arising under federal law.

Key Term: Exceptions Clause
The provision in Article III, Section 2, allowing Congress to make exceptions to and regulate the Supreme Court’s appellate jurisdiction.

Key Term: Adequate and Independent State Grounds
A doctrine barring Supreme Court review of state court decisions resting on state law grounds sufficient to support the judgment, regardless of federal issues.

Congressional Power to Define and Limit Federal Jurisdiction

Article III and the Structure of Federal Judicial Power

Article III, Section 1, creates the Supreme Court and authorizes Congress to establish lower federal courts. Section 2 defines the scope of federal judicial power and divides the Supreme Court’s jurisdiction into original and appellate categories.

  • Original jurisdiction: The Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers and consuls, and those in which a state is a party. Congress cannot alter or restrict this jurisdiction.
  • Appellate jurisdiction: In all other cases, the Supreme Court has appellate jurisdiction “with such Exceptions, and under such Regulations as the Congress shall make.”

The Exceptions Clause: Congressional Control over Appellate Jurisdiction

Article III, Section 2, gives Congress explicit power to make exceptions to the Supreme Court’s appellate jurisdiction. This means Congress may:

  • Remove certain types of cases from the Supreme Court’s appellate review.
  • Regulate the procedures and scope of appellate review.

Congress has used this power to limit the Court’s jurisdiction in specific areas, such as restricting review of certain lower court decisions or types of cases.

Key Term: Original Jurisdiction
The authority of a court to hear a case first, rather than on appeal.

Key Term: Appellate Jurisdiction
The authority of a court to review and revise the decision of a lower court.

Limits on Congressional Power

While Congress has broad authority to define and limit federal court jurisdiction, there are constitutional boundaries:

  • Congress may not eliminate all federal judicial review of federal questions. There must be some federal forum for constitutional claims, even if Congress removes Supreme Court review.
  • Congress cannot restrict the Supreme Court’s original jurisdiction. The original jurisdiction is fixed by the Constitution and cannot be altered by statute.
  • Congress may not violate other constitutional provisions. For example, Congress cannot use its power over jurisdiction to deny due process or equal protection.

Adequate and Independent State Grounds

The Supreme Court will not review a state court judgment if the decision rests on an adequate and independent state law ground, even if a federal issue is present. This doctrine ensures that the Supreme Court does not issue advisory opinions on federal law that would not affect the outcome.

Worked Example 1.1

Congress passes a statute stating that the Supreme Court may not hear appeals from state courts involving a particular federal statute. A state court then decides a case involving that statute, ruling against a party who claims the statute is unconstitutional under federal law. The party seeks review in the Supreme Court.

Answer: Congress may remove the Supreme Court’s appellate jurisdiction over cases involving the statute, but must leave some federal forum for constitutional claims. If the party had no opportunity to raise the federal claim in any federal court, the statute would likely be unconstitutional. However, if lower federal courts retain jurisdiction, the restriction is valid under the Exceptions Clause.

Worked Example 1.2

A state supreme court upholds a conviction, relying on both a federal constitutional issue and a state procedural rule that independently supports the judgment. The defendant petitions the U.S. Supreme Court for review.

Answer: The Supreme Court lacks jurisdiction to review the case. The adequate and independent state ground (the state procedural rule) is sufficient to support the judgment, so the federal issue is not reviewable.

Exam Warning

The Supreme Court’s original jurisdiction is set by the Constitution and cannot be expanded or restricted by Congress. Attempting to alter original jurisdiction by statute is unconstitutional.

Revision Tip

When analyzing a question about Congressional limits on judicial review, always distinguish between original and appellate jurisdiction, and check whether Congress has left any federal forum for constitutional claims.

Key Point Checklist

This article has covered the following key knowledge points:

  • Article III grants Congress power to define and limit federal court jurisdiction, especially appellate jurisdiction.
  • Congress may make exceptions to the Supreme Court’s appellate jurisdiction under the Exceptions Clause.
  • Congress cannot alter the Supreme Court’s original jurisdiction.
  • Congress must leave some federal forum for constitutional claims; total elimination of all federal review is not permitted.
  • The Supreme Court will not review state court decisions resting on adequate and independent state grounds.
  • Congressional limits on jurisdiction cannot violate other constitutional protections.

Key Terms and Concepts

  • Article III Judicial Power
  • Exceptions Clause
  • Adequate and Independent State Grounds
  • Original Jurisdiction
  • Appellate Jurisdiction
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