Module 3 - Part 1 - Limits on Federal Judicial Power - Congress's Power Over Courts

What types of disputes does the Supreme Court handle?

Only concrete legal disputes

What type of power does the Supreme Court have?

Power of judgement. It cannot enforce its decisions on its own (relies entirely on Executive branch).

How is the Supreme Court’s power limited?

By Congress and the fact that they can only hear “cases or controversies”

Can Congress take away jurisdiction it created from the Supreme Court?

Yes, by statute

What is the writ of habeas corpus?

The right to challenge unlawful detention

Can Congress take away a right from the Supreme Court that comes from the Constitution itself, such as habeas corpus?

No

Exceptions Clause - (Article III, § 2): Rule

If Congress repeals the statute granting appellate jurisdiction, the Court must dismiss the case. Motive is irrelevant.

Step 1: Does the person even have the right to challenge unlawful detention to begin with?

Three factors:

1. US Citizenship?

2. Is the site under US control?

3. Can the court manage the case compromising national security or military operations?

Step 2: If they have the right, can Congress take it away? Suspension Clause - (Article I, § 9, cl. 2): Rule

The right to challenge unlawful detention CANNOT be suspended UNLESS:

1. public safety requires it in cases of rebellion or invasion

or

2. it provides an adequate and effective substitute

What are the Facts of Ex Parte McCardle?

Newspaper editor arrested for anti-Reconstruction articles. He challenged his detention as unlawful. He lost in the lower federal court and appealed.

Congress repealed the jurisdiction statute before the Supreme Court could rule on his appeal, leading to dismissal.

What’s the Issue in Ex Parte McCardle?

Can the Supreme Court exercise appellate jurisdiction over a habeas corpus petition when Congress has repealed the statute granting the court appellate jurisdiction?

What is the Rule from Ex Parte McCardle?

Appellate jurisdiction is conferred by the Constitution, but it is granted "with such Exceptions, and under such Regulations as the Congress shall make."

Consequently, if Congress repeals the statutory authority that grants the Supreme Court jurisdiction in a specific class of cases, the Court is divested of the power to hear those cases.

What is the Holding from Ex Parte McCardle?

Appeal dismissed. Congress may make exceptions to the Court's appellate jurisdiction.

What are the Facts of Boumediene v. Bush?

Context: Post-9/11. War on Terror

Plaintiff was an Algerian living in Bosnia. Bosnian court found insufficient evidence and ordered P released. US seized him and sent him to Guantanamo.

P sought writs of habeas corpus. The government argued that because Guantanamo is outside the US territory, the Suspension Clause did not apply to the detainees.

What is the Rule from Boumediene v. Bush?

The Suspension Clause protects the writ of habeas corpus where the US maintains complete jurisdiction and control (even if formal sovereignty lies with another nation).

Did Boumediene overrule McCardle?

No. They address different things:

1. McCardle involved a statutory right

2. Boumediene involved a constitutional right.

What are the Facts in Ex parte Quirin?

Hitler declared war on the US. Eight Nazi saboteurs (some naturalized U.S. citizens) landed by submarine. All eight were taken into custody by the FBI. President Roosevelt established a military commission for their trial.

During wartime, how can the military try captured individuals?

Lawful Combatants: Proper military uniform. Cannot be tried or executed for fighting in war.

Unlawful Combatants (Spies/Saboteurs): Out of uniform enemy agents. Can be tried by military commission for law-of-war violations. Jury trial rights do NOT apply here, EVEN if the spy is a US citizen.

Johnson v. Eisentrager: Does Habebas extend to nonresident enemy aliens who were never within U.S. territory?

No

What Executive Order did President Bush sign in 2001?

President Bush ordered that detainees have no judicial remedy.

Hamdan v. Rumsfeld (2006): Shortly after the September 11th terrorist attacks, the Bush administration created special "military commissions" (tribunals).

Bin Laden's driver was charged with conspiracy before a military commission.

What did the court hold?

The commissions were unlawful: not authorized by Congress and violated both U.S. law and international law standards.

What is the Military Commissions Act (2006)?

Response to Hamdan case. to strip jurisdiction from federal courts over Guantanamo detainees and to establish procedures for military commissions.

Boumediene v. Bush (2008): What did the court do in this case?

The Constitution (not just the statute) protects habeas at Guantánamo. The stripping from the Military Commissions Act was unconstitutional.

Can Congress change the result of cases?

For Final Damages (e.g. money damages): NO

Prospective Relief (e.g. ongoing injunction): Yes, by changing the underlying law

Pending Case: Only by amending the governing law, not by telling the court how to decide

What are the facts from Miller v. French?

1975: Inmates won an ONGOING court injunction that forced the prison to maintain specific living conditions.

1996: Congress passed the PLRA to limit federal oversight of prisons. The “automatic stay” provision automatically paused existing injunctions.

Inmates sued, arguing Congress was unconstitutionally suspending a judge’s final order.

What is the Issue from Miller v. French?

Does the PLRA's "automatic stay" violate Separation of Powers by legislatively suspending a final judicial order?

What is the Reasoning from Miller v. French?

Money judgements are final. Congress cannot pass laws to reopen them.

But injunctions are ongoing and dictate future conduct. They are never final.