Constitutional Law: Federal Judicial Power

• Origin of Federal Court Power: Under A3, judicial power is vested in SCOTUS and other federal courts as Congress may establish.

• SCOTUS:
• Only federal court required by Const.
• Jurisdiction limited to cases and controversies—must be actual and definite legal dispute between parties with adverse legal interests.

• No advisory opinions allowed, but state courts may do so.

• A3 Courts: All decisions are reviewable by other federal courts.

• Congress and Jurisdiction: Congress has plenary (exclusive) power to establish lower federal courts; may confer, limit, remove jurisdiction of lower federal courts (i.e. District courts and Courts of Appeal)
• Cong. can eliminate diversity of citizenship as basis for SMJ since diversity jurisdiction is not constitutionally mandated.
• Cong. cannot eliminate federal question jurisdiction.

• SCOTUS has original and appellate jurisdiction.
• Original: Applies to any case involving ambassadors, public ministers, counsels or any time where a state is a party; Congress may neither enlarge or restrict SCOTUS original jurisdiction.
• Appellate: Cong may broadly regulate. Caveat—congress may not preclude review of entire class of cases.

• SCOTUS Review: Appeal and Certiorari
• Appeal = a matter of right from 3-judge panels on federal district courts.
• Cert = discretionary; all other decisions—
• Cases from highest state courts regarding federal law violations.
• Cases from U.S. Courts of Appeal

• Lower federal courts have concurrent jurisdiction to hear the same types of cases that go to SCOTUS, but SCOTUS has original and exclusive jurisdiction between any case between two or more states.