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  • Congress has Constitutional power over the Supreme Court's appellate jurisdiction

    09/28/2015 1:35:55 PM PDT · by Pfesser · 29 replies
    9/28/2015 | David Whitaker
    Article III Clause 2 of the Constitution states: 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. Clearly, Congress has this power.So why haven't they used it? They have in years past.According, to heritage.org:The seminal decision on jurisdiction-stripping statutes under the Appellate Jurisdiction Clause came shortly after the Civil War. Ex parte McCardle (1869) involved a newspaper editor in military custody, who had appealed a lower federal court's denial of habeas corpus relief to the United States...