[Gritty]

Article III, section 2: "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"

I do believe you're right in the face of it, but I can't recall the Congress having exercised the right. Besides, the Court seems to have assumed plenary power during Madison vs. Marbury. It seems Congress and the Executive prefer to acquiesce and drop the monkey on the Court rather than duke it out.

Maybe it's time to start turning this state of affairs around. After all, if the Court can find imaginary powers of privacy for abortion in penumbras to the Constitution, surely the actual text of that document ought to suffice for Congress to bring these ursurpers to heel - despite 200 years of legal precedent?

[Jim Noble]

but I can't recall the Congress having exercised the right.

ex parte McCardle should refresh your recollection.