Con Law I - Professor Manheim

Q. Is a state law that unintentionally discriminates against interstate commerce always valid under a DCC analysis, or does it
still have to go through the same balancing analysis under prong three of the Pike test?

A. Unintentional discrimination is simply not treated as discriminatory under the DCC. But even non-discriminatory laws can fail the balancing prong.

Q. What exactly are the statutory limits on the Supreme Courts Jdx? and what is court stripping? Is that just when Congress takes away SCrt's ability to hear certain cases but the Court still has the pwr to est. their own jdx & make sure Cong is acting in accord w/Constitution?

A. Congress has the power to create inferior federal courts, and the power to determine the S.Ct.'s appellate jurisdiction. It exercises those powers by enacting statutes that confer jurisdiction on the federal courts. Congress can confer jurisdiction to the full extent permitted by Article III, or to some lesser degree. (It can't confer jurisdiction beyond that permitted by Art. III - Marbury).

Congress often confers less jurisdiction than constitutionally permitted. For instance, the requirement of complete diversity in Sec. 1332 is not required by Art. III; the constitution would permit minimal diversity. When congress repeals previously granted jurisdiction, that is known as court stripping.

Court stripping does not usually pose constitutional problems (congress, after all, has enumerated power to do so). But, when congress removes jurisdiction in particular categories of cases (for instance, the recently enacted Detainee Treatment Act of 2005 denies habeas corpus jurisdiction over Guantanamo prisoners), or in an effort to prevent judicial review of controversial legislation, it may interfere with the federal courts' ability to perform their constitutionally-assigned functions. A statute that strips federal courts of jurisdiction in such a manner as to interfere with their "essential functions" may violate Separation of Powers.

Q. What are external and internal restrictions on Congress's power to limit jdx. Which are in the constitution? Along these lines, what type of restriction is SoP?

A. I use the distinction between internal and external limits merely as a convenient way to think about constitutional restrictions; there's no meaningful difference. An internal limit on power is one found in the same clause (or section or article) that confers power in the first place. Thus, while Art III, confers "judicial power" on federal courts, Section 2 limits that power to 9 enumerated subject areas. In this sense, an internal limit can be seen merely as a more precise statement of the power conferred (e.g., Art. I, Sec 8 gives congress the power to tax and spend, but only for the common defence and general welfare). External limits, on the other hand, are found outside the power conferring clause. The bill of rights limits the powers of the federal gov't. Since these limits are not part of the power grant, I call them "external." An external limit can be explicit (e.g., 1st amd) or implicit (e.g., federalism or separatioin of powers)