Jump to ContentJump to Main Navigation
One Supreme CourtSupremacy, Inferiority, and the Judicial Department of the United States$
Users without a subscription are not able to see the full content.

James E. Pfander

Print publication date: 2009

Print ISBN-13: 9780195340334

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780195340334.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 August 2021

The Problematics of Federal Jurisdiction

The Problematics of Federal Jurisdiction

(p.1) 1 The Problematics of Federal Jurisdiction
One Supreme Court


Oxford University Press

We have grown accustomed to the pyramidal shape of the federal judiciary, with one Supreme Court presiding over a mixed bag of lower state and federal tribunals. But the Court's own decisions and the work of scholars have raised profound questions about the constitutional rules that govern the various levels of the federal judicial hierarchy. To what extent can Congress entrust federal judicial business to non-Article III decision makers? To what extent can Congress free those tribunals from the duty to faithfully apply the precedents of the Supreme Court? To what extent can Congress displace the unifying and settling functions of the Court through restrictions on its appellate jurisdiction? This chapter explores the terms of the academic debate in some detail as a prelude to suggesting a common solution.

Keywords:   Supreme Court, constitution rules, Article III, state courts, federal judiciary

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .