The constitutional means by which Congress can limit the Supreme Court
can be found in Article III of the U.S. Constitution. I shall list
the relevant parts below:
Section 1. 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. The judges, both of the supreme
and inferior courts, shall hold their offices during
good behaviour, and shall, at stated times, receive
for their services, a compensation, which shall not
be diminished during their continuance in office.
Section 2. ... 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. ...
You can find the entire article here:
The main constitutional means, then, by which the Congress can limit
the authority of the Supreme Court then, is to make "exceptions" and
"regulations" of the court's appellate jurisdiction.
To date, this has not been done to any significant degree. However,
such use of Congressional power has been proposed, particularly by
some conservative activists. Here are four examples:
Congress members introduce bills designed to limit courts' authority
Proposals would limit court decisions in certain First Amendment cases
involving religious freedom.
Congress Can Overturn Roe v Wade Anytime It Wants
The writer says that the reason Congress doesn't do what the title
says is because it doesn't have the political will, not because it
doesn't have the authority.
How Congress Can Rein in the Courts
An article by Edwin Meese III.
Can Congress "Find" That the Supreme Court Was Wrong About Evidence?
The implications of an anti-abortion bill.
In addition to these constitutional means of limiting the high court's
power, there are other steps Congress could take:
-- It could remove wrongly-deciding judges for lack of good behavior.
-- It could seek to amend the Constitution.
-- The Senate can vote to confirm or deny court appointments.
-- The Congress could expand the size of the court so that new
justices could be appointed to overrule the existing ones. Such a
court "packing" was proposed during the FDR administration but never
I hope you find this answer helpful.
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