PSCI 4396 Lecture Notes - Lecture 6: Judicial Procedures Reform Bill Of 1937, Discretionary Jurisdiction, En Banc
9 Feb 2016
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Set of rules that determine who gets to hear which case. Constitution tells the federal courts what they can do. All powers not given to the federal government is reserved to the states. Some kinds of cases are handled exclusively in federal court, some can only be in state courts. Some cases can be heard in either court! Lays out the basic structure of how federal judiciary is laid out. Article iii of constitution does not go into great detail, leaves it up to congress which created this. If congress wanted to, they could abolish all lower federal courts. Doesn"t say how many justices or anything else. Short due to compromise between federalists and antifederalists. Last attempt to change it was fdr"s court packing plan in the 1930s. Federalists kept it vague in the constitution to help speed up ratification of the constitution. Federalists then dominate the first congress, so they write the judiciary act of 1789.
