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Class in Session: Jurisdiction Stripping

Advisory Opinions

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Exploring the Intricacies of Jurisdiction Stripping

This chapter delves into the complex concept of jurisdiction stripping, focusing on the differences between Supreme Court appellate jurisdiction and jurisdiction stripping for federal courts. It discusses the constitutional basis for these distinctions, the two-tier theory of jurisdiction, and the importance of clear language in the exceptions clause of Article 3. The discussion also explores the potential implications of jurisdiction stripping on political matters, including the Supreme Court's authority on abortion cases and the balance between judicial review, democracy, and Congress's role.

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