Articles Comments

Real Men, Real Dads » Featured, Government/Legal » Original and Appellate Jurisdictions of the Supreme Court

Original and Appellate Jurisdictions of the Supreme Court

This is an essay I wrote off the top of my head for a test a while back over the doctrine of standing.  These essays are not meant to be the authority on the subject, but I have edited them to the best of my knowledge to make them worthy of a read for people looking for a foundation on the topic.

Original and Appellate Jurisdictions of the Supreme Court

The U.S. Supreme Court has two distinct jurisdictions, original and appellate.  Original jurisdiction applies to the constitutionally-given jurisdiction under Article III, Section 2 to try cases and controversies under the U.S. Constitution or treateies.  Appellate jurisdiction is the Supreme Court’s final authority over not only state cases involving federal law, but over federal district and circuit courts, as well.

In Marbury v. Madison (1803), the Supreme Court connects constitutional original jurisdiction with a new process of “judicial review.”  This process establishes the Supreme Court as the ultimate decider of constitutionality.  It limits Congress to creating a constitutional amendment in order to change Supreme Court original jurisdicttion.

In Ex Parte McCardle (1869), congress recognizes the Supreme Court power before the case is deliberated.  It uses the repeal of legislation to counter Supreme Court power.  The court acknowledges this as a constitutional power of Congress to alter the appellate jurisdiction of the court with regular statute or law.

Thank you for viewing Real Men, Real Dads. To support the site is as simple as reading posts, spreading the word, or even clicking on our advertising links on the right hand side. Please enjoy your time here on the blog!

Written by

I have experienced a wide range of emotions, events, hobbies, and jobs over my 30 years of life. My favorite is being a husband and a father, but right behind that are being a soldier, ring announcing for pro wrestling, rapping, interrogating, blogging, and background investigating. I own and operate Real Men, Real Dads (www.realmenrealdads.com). I look forward to working with new people on exciting projects!

Filed under: Featured, Government/Legal

Leave a Reply

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>