Federal Judicial Powers - Jurisdiction Stripping Flashcards

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1
Q

What was the rule of law that came from Exparte McCardle?

A

Although SCOTUS has appellate jurisdiction derived from Article III, it is still subject to whatever exceptions and regulations Congress chooses to make (if they choose to invoke the exceptions clause)

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2
Q

What is the exceptions clause?

A

gives congress the power to strip SCOTUS of jurisdiction over particular types of cases

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3
Q

What were the key takeaways from Exparte McCardle (2)?

A
  1. Separation of Powers

2. SCOTUS can still review habeas corpus decisions from lower state courts

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4
Q

What was the method of reasoning in Exparte McCardle?

A

textual
“appellate jurisdiction of the Supreme Court is “subject to exceptions and under such regulations as Congress shall make.”

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5
Q

What was the rule of law that came from U.S. v. Klein?

A

Based on the principle of separation of powers in the United States Constitution, the legislative branch may not impair or direct the exclusive powers of the judicial or executive branches.

Congress was trying to interfere with the pardoning power of the president here and SCOTUS juridicition

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