[nosofar]

"Instead, Congress should declare it an area out of the jurisdiction of the courts."


I still don't buy this unilaterally declaring an issue outside the jurisdiction of the courts. It sounds bogus. This would completely destroy the checks and balances between the three branches of government.

[Lunatic Fringe]

Actually Congress has the power to set the jurisdiction of the Court. It has been rarely used.

[steve-b]

I still don't buy this unilaterally declaring an issue outside the jurisdiction of the courts. It sounds bogus.

[ ED MCMAHON ] You are correct, sir! [ /ED MCMAHON ]

This notion that Congress can unilaterally declare an issue outside the jurisdiction of the courts is based on a misreading of the Article III, Section 2 of the Constitution. A careful reading reveals Congress has the power to establish "Exceptions and Regulations" limiting the appellate jurisdiction of the Supreme Court. This would not, however, affect the original jurisdiction of such cases. Thus, the effect of Congress excercizing the power to limit appellate jurisdiction would be to make some lower federal court the "court of last resort" for the affected cases.