Exceptions Clause

Information about Exceptions Clause

The Exceptions and Regulations clause of the United States Constitution (Art. III, Â§ 2, Cl. 2) grants Congress the power to make exceptions to the constitutionally-defined appellate jurisdiction of the Supreme Court.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. 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.

This clause has led to Congress engaging in what is commonly referred to as jurisdiction stripping, or quickly changing the Supreme Court's appellate jurisdiction in order to prevent the Court from overturning a law that it wants kept in place. Legal scholars have hotly debated whether this practice is what the Framers had in mind when the clause was drafted. ^[1] The Supreme Court has held that the Exceptions and Regulations Clause does not allow Congress to pass a law denying the Supreme Court jurisdiction over an area that the Constitution specifically grants jurisdiction in United States v. Klein.

Footnotes

1. ^ Erwin Chemerinsky, Constitutional Law Principles and Policies, 2nd Edition, 2002, 155.

External links

Dannemeyer, William E. "Article III, Section 2 (op-ed)", The Washington Times, 2003-10-06. Retrieved on 2006-11-12.

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Appellate jurisdiction is the power of a court to review the decisions and change the outcomes of the decisions of previous, lower-level courts. The review process begins when a party or parties dissatisfied with the decision of the lower court appeal the decision to an appellate
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An ambassador is a diplomatic official accredited to a foreign sovereign or government, or to an international organization, to serve as the official representative of his or her own country.
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Consul (abbrev. cos.; Latin plural consules) was the highest elected office of the Roman Republic and an appointive office under the Empire. The title was also used in other city states, and revived in modern states, notably Republican France before the Napoleonic
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The original jurisdiction of a court is the right to hear a case for the first time as opposed to appellate jurisdiction when a court has the right to review the decision of a previous, lower-level court.
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United States v. Klein, 80 U.S. 128 (1871), was a landmark United States Supreme Court cases stemming from the U.S. Civil War (1861-1865).
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Erwin Chemerinsky (born 1953) is a well-known professor of Constitutional law and federal civil procedure, has recently accepted a position at the University of California, Irvine, in the new Donald Bren School of Law, beginning in 2009.
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