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    Can Congress Create Procedures for the Supreme Court's Original Jurisdiction Cases?

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    Full-text available at SSRN. See link in this record. (18.40Kb)
    Issue Date
    2009
    Author
    McAllister, Stephen R.
    Publisher
    Green Bag Press
    Type
    Article
    Version
    http://ssrn.com/abstract=1945319
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    Abstract
    This article takes off from the short concurring opinion of Chief Justice Roberts (joined by Justice Souter) in Kansas v. Colorado, 556 U.S. (2009), to examine the constitutional text and historical precedent relevant to the question whether Congress has the power to dictate procedures the Supreme Court must follow in original jurisdiction — as opposed to appellate jurisdiction — cases. The article concludes that the more persuasive view is that Congress lacks such authority, but that the Court has avoided answering the question for more than 200 years and may well never have to address this question of constitutional power on the merits.
    Description
    Full-text available at SSRN. See link in this record.
    URI
    http://hdl.handle.net/1808/11497
    Collections
    • Law School Scholarly Works [617]
    • Distinguished Professors Scholarly Works [918]
    Citation
    Stephen R. McAllister, Can Congress Create Procedures for the Supreme Court's Original Jurisdiction Cases?, 12 GREEN BAG 2d 281 (2009).

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    KU Libraries
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    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

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