Amending The Constitution

by Jonah Goldberg

From the reader who started this thread:

Can I get back into this, since I started it? I think the most important thing to point out is that while the Exceptions and Regulations Clause does, indeed, give Congress the power to limit SCOTUS’s jurisdiction, I do not think it empowers Congress to “take away judicial review on Constitutional matters,” which was what I originally said would have to be done by Constitutional amendment. Article III, Section 2 opens with the statement that “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, [etc.]” Congress may be able to remove jurisdiction over specific issues, say, abortion or marriage, but completely removing the Court’s power to review Constitutional matters is not an exception or a regulation, it is a complete nullification of one of the Court’s enumerated powers. That would exceed Congress’s authority.

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