no1tovote4
Gold Member
Yurt said:This is a novel topic, one which has not been expressly addressed by congress or scotus, as far as I know.
As I understand it, since congress had authority to grant jurisdiction to lower federal courts, they also have the power to strip this jurisdiction, in effect, but not really, overturning a lower federal court ruling. Some say that this is an erosion of the seperate powers, however, the other camp says this is congress's unexercised power, in that, if they have the authority to create, well, then their law must reign supreme. (sheesh, I think I got reign supreme from Iron Chef, I am dooommmmed).
Good question though.
Congress does not have the authority to assign the Jurisdiction to themselves. While they can give or take the Jurisdiction from courts by Bills, they cannot assign that Jurisdiction to themselves, they are not of the Judiciary which is the only place that Jurisdiction can reside.