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One Supreme CourtSupremacy, Inferiority, and the Judicial Department of the United States$
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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

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Supremacy, Inferiority, and Guantanamo Bay

Supremacy, Inferiority, and Guantanamo Bay

Chapter:
(p.145) 8 Supremacy, Inferiority, and Guantanamo Bay
Source:
One Supreme Court
Author(s):

JAMES E. PFANDER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195340334.003.008

This chapter explores the limits of Congress's power to curtail the Court's oversight authority. The first section explores the contours of Congress's authority by reference to the leading cases on appellate jurisdiction stripping. The second section considers a variety of criticisms but concludes that the supremacy account fits better with the available evidence than competing academic accounts. The chapter concludes with an exploration of the litigation over detention at Guantanamo Bay. Although it has not explicitly invoked constructs of supremacy and inferiority, the Court has reached results broadly consistent with the supremacy account advanced here.

Keywords:   Congressional power, Guantanamo Bay, judicial oversight, appellate jurisdiction, supremacy, courth authority, inferior tribunals

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