US Constitution: A debate between brothers, on Congress' ability to assign "exceptions" to Court duties. Article 3 Section 2.
<tldr> If reading makes your brain hurt, please swipe to the next meme.
My brother believes with absolute and unshakable faith, that congress can create a constitutional court, then remove Supreme Court oversite of the new court due to an exception in the middle of A3S2.
Here is the sentence in question. I have posted the whole of A3S2 at the bottom with this sentence highlighted.
SIQ: 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.
He thinks that this exception allows congress to remove the appellate Jurisdiction of the Supreme Court.
I Disagree,
Congress has the power -
A1S8: ... To constitute Tribunals inferior to the supreme Court; ...
Every definition seemed to agree that inferior courts have higher courts that receive their appeals. Since congress can only create inferior courts, then must appeal somewhere (the supreme court)
Additionally,
A3S1: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. ...
Since there can be only ONE supreme court, congress can not create a second court of no appeal.
I believe that the exception that my brother is relying on refers to congress's ability to move categories in and out of the SC original jurisdiction or maybe to create new categories. Maybe some one will feel inclined to educate me on the powers and precedences of this exception.
IANAL.
Here is the full text of A3S2 for reference.
A3S2: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
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.
The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.