Have we entered the twilight zone?

  • English Mobster@lemmy.world
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    1 year ago

    Article 3, 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.

    Because judicial review is inferred (not stated) in the Constitution, and because Congress has explicit permission to regulate the judiciary (including the Supreme Court), Congress can effectively do what they want.

    This means that Congress can put a clause stating “this law is not subject to judicial review” and there is literally nothing SCOTUS can do about it. It’s a check on SCOTUS. Congress has full power over judicial review.

    Congress has tried exercising this clause in the past (to force judicial review to require a 2/3 majority of justices), but it’s always died in the Senate.

    • Evilcoleslaw@lemmy.world
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      1 year ago

      That can limit their appellate jurisdiction. Congress can’t restrict the court’s original jurisdiction. A state could sue the federal government over this and as a case where a state is a party, the Supreme Court has original jurisdiction.