CONSTITUTIONAL LAW
Fall 2006, W.B. Fisch
Assignment #2

  • Congressional Control over Federal Court Jurisdiction
    • Lower courts: Story, J. v. Sheldon v. Sill: is Congress's discretion complete?
    • Supreme Court's appellate jurisdiction: Art. III s.2 par. 2 "exceptions clause"
      • EX PARTE MCCARDLE, p. 38 (1869): Congress can withdraw a pending case from the Court's jurisdiction: how far does it go?
        • hypo: ordinary diversity case reaches S.Ct. on certiorari; while the case is pending, Congress enacts the following statute: "Title 28, section 1254(1) [the statute authorizing the Court to issue writs of certiorari to lower federal courts] is hereby repealed." Must our diversity case now be dismissed?
        • Omnibus Crime proposal 1968, n. 5 p. 42: what would its effects be, and what arguments can be made against its validity?
      • U.S. v. Klein, p. 40 (1872)
        • exactly what did the statute require the court to do?
        • does the decision represent a significant limitation on Congress' power?
      • could Congress repeal the statute giving S.Ct. appellate jur. over state court decisions?
      • MARTIN V. HUNTER'S LESSEE, p. 44 (1816). another Supreme Court jurisdictional statute: appellate jurisdiction over decisions of state courts of last resort (§25 of JA1789), sustained
        • text (Art. III §2 par. 2; Art. VI par. 2 ("supremacy clause"))
        • policy (concept of justice?) -- need for uniformity of interpretation
        • Counterarguments by Virginia courts in denying constitutionality of app. jur.
          • appellate jur. infringes on state sovereign equality -- what is Story's answer?
          • Other ways to achieve uniformity, less intrusive of state sovereignty: -- why would they be less intrusive than appeal?
            • removal
            • exclusive federal jurisdiction
  • The Current Law on Appellate Jurisdiction of the Supreme Court
    • Discretionary jurisdiction and the "Rule of Four"
    • "independent state ground" exception to S.Ct. appellate jur.
      • rationale:
        • Supreme Court can't review state courts' decisions on state law, Murdock v. Memphis (1875)
        • Supreme Court can't render advisory opinions, Herb v. Pitcairn (1945)
      • Adequacy of state procedural ground: Henry v. Mississippi (1965)
      • MICHIGAN V. LONG, p. 52 (1983): "plain statement" rule -- why is it needed?