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Editing Constitutional Law Chemerinsky/Outline I
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ORIGINAL JURISDICTION: The Supreme Court’s power to be the initial court to hear certain types of cases. Under Article III of the Constitution, the Supreme Court has original jurisdiction of all cases affecting ambassadors, other public ministers and consuls, and cases in which a state is a party. [“...in all cases affecting ambassadors, other public ministers and consuls and those in which a state shall be a party.”] APPELLATE JURISDICTION: The Supreme Court’s power to review decisions of other courts. Article III of the Constitution gives the Supreme Court appellate jurisdiction of, among other cases, all cases arising under the Constitution, laws, and treaties of the United States. | ORIGINAL JURISDICTION: The Supreme Court’s power to be the initial court to hear certain types of cases. Under Article III of the Constitution, the Supreme Court has original jurisdiction of all cases affecting ambassadors, other public ministers and consuls, and cases in which a state is a party. [“...in all cases affecting ambassadors, other public ministers and consuls and those in which a state shall be a party.”] APPELLATE JURISDICTION: The Supreme Court’s power to review decisions of other courts. Article III of the Constitution gives the Supreme Court appellate jurisdiction of, among other cases, all cases arising under the Constitution, laws, and treaties of the United States. | ||
*Exceptions and Regulations Clause | *Exceptions and Regulations Clause | ||
**o | **o Congress cannot enlarge or restrict the Supreme Court’s original jurisdiction (''Marbury v. Madison''). | ||
**o Congress can expand or limit the Supreme Court’s appellate jurisdiction by passing relevant legislation. Congress can also create and regulate the jurisdiction of the lower federal courts, subject to the power and limitations set forth in Articles I and III. (Example: Judiciary Act of 1789) | **o Congress can expand or limit the Supreme Court’s appellate jurisdiction by passing relevant legislation. Congress can also create and regulate the jurisdiction of the lower federal courts, subject to the power and limitations set forth in Articles I and III. (Example: Judiciary Act of 1789) | ||