A Neo-Federalist View of Article III: Separating the Two Tiers of Federal Jurisdiction

Abstract

Located at one of the critical joints where the two great structural principles of the Constitution-federalism and separation of powers-intersect, Article III jurisdiction has been the center of much judicial, legislative, and academic attention, and even more confusion. Although the nation has thus far been spared major constitutional confrontations between Congress and the federal courts, the architecture of Article III remains the subject of much debate. Probably the two most famous commentators on Article III jurisdiction, Joseph Story and Henry Hart, contradict each other. In fact, a close reading of the literature on Article III suggests that no commentator thus far has offered a complete, coherent and convincing account of congressional power to limit federal jurisdiction.