Reading Room Document

Constitutionality of Bills Limiting Supreme Court Jurisdiction

This document is a memorandum discussing the constitutionality of bills limiting the Supreme Court's jurisdiction over classes of constitutional cases. The document concludes that Congress cannot make exceptions that would negate the Supreme Court's power to decide cases arising under the Constitution and laws of the United States. The memorandum also presents arguments and responses regarding the Exceptions Clause of the Constitution, the history of the drafting and enactment of the Exceptions Clause, judicial pronouncements on the Exceptions Clause, and the lack of support in debates, Federalist papers, and early Congresses for the view that Congress does not have the authority to remove any and all of the Supreme Court's appellate jurisdiction. The document raises questions about the scope of Congress's authority over the Supreme Court's jurisdiction and the historical context of the Court's jurisdictional limitations.

April 19, 1982