NCJ Number
11917
Journal
George Washington Law Review Volume: 41 Issue: 5 Dated: (JULY 1973) Pages: 951-970
Date Published
1973
Length
20 pages
Annotation
ARGUMENT THAT ANY PROPOSAL TO DELEGATE THE SUPREME COURT'S SCREENING FUNCTION TO A NATIONAL COURT OF APPEALS WOULD BE UNCONSTITUTIONAL.
Abstract
NOTWITHSTANDING THE PURPORTED NEED FOR REFORM OF THE SUPREME COURT'S FUNCTION TO LESSEN THE JUSTICES' WORK LOADS, THE PROPOSAL BY THE FREUND COMMISSION TO INSTITUTE A NATIONAL COURT OF APPEALS TO DECIDE WHICH CASES WILL BE HEARD BY THE SUPREME COURT IS, IN THE AUTHOR'S VIEW, UNCONSTITUTIONAL. ARTICLE III OF THE CONSTITUTION PROHIBITS SUCH PROPOSALS IN AT LEAST THREE RESPECTS. SUCH A DELEGATION, WHEREBY THE INFERIOR COURT WOULD EXERCISE PART OF THE POWER AND JURISDICTION RESIDENT IN THE SUPREME COURT, WOULD NECESSARILY CREATE TWO SUPREME COURTS, IN VIOLATION OF THE ARTICLE III COMMAND THAT THERE BE BUT 'ONE SUPREME COURT'. SUCH A DELEGATION, WHEREBY THE JUSTICES OF THE SUPREME COURT WOULD BE RELINQUISHING THE EXERCISE OF SOME OF THE POWERS VESTED IN THEM BY CONGRESS AND ARTICLE III, WOULD FORCE THE JUSTICES TO DISOBEY THEIR CONSTITUTIONAL DUTY TO EXERCISE IN TOTALITY THE JURISDICTION VESTED IN THEM AS INDIVIDUAL JUSTICES AND AS MEMBERS OF THE SUPREME COURT. AND UNDER THE GUISE OF ESTABLISHING A NOVEL AND UNWARRANTED 'EXCEPTION' TO THE SUPREME COURT'S APPELLATE JURISDICTION, SUCH A DELEGATION WOULD CRITICALLY INHIBIT AND EMBARRASS THE COURT IN THE PERFORMANCE OF ITS CONSTITUTIONAL FUNCTION OF ENSURING THE SUPREMACY AND THE UNIFORMITY OF THE CONSTITUTION AND LAWS OF THE UNITED STATES. (AUTHOR ABSTRACT)