Flips88 wrote:TheFutureLawyer wrote:Wow. Looking at the Property discussion above, I feel fucked. And not in a good way either.
Anyway, had a question about Con Law and jurisdiction stripping. From what I can gather in Ex Parte McCardle and what not, Congress can strip SCOTUS (and all federal courts) of all appellate jurisdiction. (I'm guessing this is not right, but I don't get why). So Congress can pass a law saying "Ken DeLeon shall be arrested forever, and TLS shall be shutdown, cause fuck those guys. Oh, and no court shall have jurisdiction to review this law, cause fuck the courts too." (Again, I assume not, but I don't see why, reading the exceptions clause and McCardle).
We covered this briefly in my class so I'm not quite sure what the limits are, but reading Chemerinsky today about this and he seemed to say no matter what SCOTUS retains it's judicial review power on constitutionality.
Thing is, judicial review falls under appellate jurisdiction. We know this because there are only two types: original and appellate. Original only consists of cases affecting ambassadors, ministers, and where a state is a party. "all other cases" fall under appellate jurisdiction. So, wtf is going on with this stupid exceptions clause? Not only does it appear to have the potential to turn the United States into a dystopian landscape of unlimited Congressional power, but it's also fucking with my head before my Con Law exam.