The power of Congress to limit the jurisdiction of federal courts and the text of Article III

Article Abstract:

Commentators have argued that Congress's authority over the jurisdiction of the federal judiciary is more limited than has been interpreted under the traditional view, but Article III of the Constitution clearly identifies the extent of Congressional power. Those who argue for reduced Congressional encroachment on the federal courts focus on the structure of the Constitution. The Constitution's design is, however, far less precise than Article III. Careful reading of the Constitution reveals that the system of checks and balances involves many incursions on the power of each branch of government.

Analysis, Separation of powers, Legislative power, Federal jurisdiction

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The lawfulness of the Reconstruction Amendments

Article Abstract:

The author traces the history of the ratification process of the 13th, 14th and 15th Amendments during the post-Civil War period, and examines legal objections to the process based on the supposed lack of legal governments in many Southern states during the Civil War and Reconstruction.

States, Powers and duties, State government, Sovereignty, Reconstruction

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Mental decrepitude on the U.S. Supreme Court: the historical case for the 28th Amendment

Article Abstract:

The author outlines the case for adopting a constitutional amendment mandating compulsory retirement for members of the U.S. Supreme Court at age 75. Examples of mental incapacity by Supreme Court Justices from the 1790s through the 1990s are provided.

Psychological aspects, Officials and employees, Judges, United States. Supreme Court, Mandatory retirement

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