The Exceptions Clause: Congress’s Check on the Supreme Court and the Perils of Jurisdiction-Stripping
Few constitutional clauses have as much latent power—and as little public awareness—as the Exceptions Clause. Codified in Article III, Section 2, Clause 2 of the U.S. Constitution, it reads:
“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” (U.S.…
What ingredients come to mind when you think of cases before the Supreme Court? One might opine controversial issues or high stakes litigation. At a case level one might say circuit splits or elite attorneys. Still, there are more elementary components of litigation mentioned in Article III and they start with a case or controversy. Central to this concept is standing – that a plaintiff suffered…
Current Political Make-Up Of Court Destabilizing Democracy
The progressive Senator claimed the 'radical court' had 'trampled on the Constitution' and urged Congress to restore 'balance and integrity
"Elizabeth Warren tells Congress to expand the Supreme Court by at least four seats saying 'extremist judges threaten the democratic foundations of our nation'
This radical court has reversed century-old campaign-finance restrictions, opening the floodgates for corporations to spend unlimited sums of money to buy our elections. It has reversed well-settled law that once required employers to permit union organizers to meet with worker,' she writes.
'It has trampled on the Constitution's guarantee of equal protection by upholding a racist Muslim ban. It has twisted the law to deny Americans their right to a day in court, despite the clear intent of Congress. And it has gutted one of the most important civil rights laws of our time, the Voting Rights Act, not once but twice,' Warren continued.
The Massachusetts Senator said that given the court's track record, it was incumbent on Congress to intervene - as it has the right to do as set out by the Constitution.
'This court's lawlessness is a powerful threat to our democracy and our country,' Warren wrote.
Article III, Section 1 of the Constitution gives Congress the authority to change the size of the Supreme Court. Congress has used that authority seven times before. To restore balance and integrity to a broken institution, Congress must expand the Supreme Court by four or more seats,' she added."
History of the U.S. Constitution—Power of the Courts, Article III
History of the U.S. Constitution—Power of the Courts, Article III
Explain the controversy of establishing a court system at the creation of the U.S. Constitution. Your responses must include the major elements of the controversy, the varying viewpoints for the needs for U.S. courts, and the ultimate outcome. Finally, postulate how our criminal justice system would be different today had the Founding Fathers not established the current system in use. It is…
Climate change is not just a long-range problem; it’s one that will get much worse in the future unless major emissions cuts are made. For instance, sea levels will continue to rise for centuries. But the people who will be harmed by these changes can’t go to court: they haven’t been born yet. How can their interests be represented in court? And even people now alive who might still be around…
