Date: May 16, 2005
Creator: Bazan, Elizabeth B; Killian, Johnny & Thomas, Kenneth R
Description: This report examines Congress' legislative authority with respect to the Judicial Branch. While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers. This report addresses the constitutional foundation of the federal courts, and the explicit and general authorities of Congress to regulate the courts. It then addresses Congress’ ability to limit the jurisdiction of the courts over particular issues, sometimes referred to as “court-stripping.” The report then analyzes Congress’ authority to regulate the availability of certain judicial processes and remedies for litigants. Congressional power to legislate regarding specific judicial decisions is also discussed.
Contributing Partner: UNT Libraries Government Documents Department