Monthly Archives: May 2013

blogging Fed Courts 8: Supreme Court review of state court decisions

The ability of the Supreme Court to review and overturn state court decisions where they are in conflict with the Constitution is probably the single power of the Court most familiar to the public, and, indeed, may be its most … Continue reading

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blogging Fed Courts 7: non-Article III federal courts — theory and limitations

Whatever their merits or flaws, the protections of Article III make it difficult for Congress to create a flexible, ad hoc judiciary — life tenure means that if you create a temporary court to fill a temporary need, when that … Continue reading

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blogging Fed Courts 6: non-Article III courts — what is the value of the Article III protections, anyway?

Article III says that: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme … Continue reading

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blogging Fed Courts 5: non-Article III courts – state courts

In the previous post, I talked a bit about the power of Congress to limit the jurisdiction of the federal courts to something less than the full “judicial power” authorized by the Constitution. One perspective, Justice Story’s, was that the … Continue reading

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blogging Fed Courts 4: Congress’s control over Article III court jurisdiction

Article III of the Constitution provides that: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish . . . … Continue reading

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