Which constitutional text authorizes Congress to regulate the Supreme Court's appellate jurisdiction?

Which constitutional text authorizes Congress to regulate the Supreme Court's appellate jurisdiction?

• A. Article III, Section 2
• B. The Necessary and Proper Clause
• C. Article III, Section 2, and the Exceptions Clause
• D. The Commerce Clause

Answer: (C)

The power to regulate the Supreme Court’s appellate jurisdiction is found in Article III, Section 2, together with its Exceptions Clause. Article III vests the judiciary and specifically sets the Supreme Court’s appellate jurisdiction, but the text goes further to say that Congress may make exceptions and regulations to that jurisdiction. That means Congress has the authority to shape, limit, or expand appellate review through statutes, within the framework of the constitutional grant. The Necessary and Proper Clause is a supporting device that allows Congress to enact laws to carry out its enumerated powers, but it does not by itself grant the power to regulate appellate jurisdiction. The Commerce Clause addresses economic regulation and does not govern the judiciary’s jurisdiction. Hence the best answer is the combination of Article III, Section 2 and the Exceptions Clause.

The power to regulate the Supreme Court’s appellate jurisdiction is found in Article III, Section 2, together with its Exceptions Clause. Article III vests the judiciary and specifically sets the Supreme Court’s appellate jurisdiction, but the text goes further to say that Congress may make exceptions and regulations to that jurisdiction. That means Congress has the authority to shape, limit, or expand appellate review through statutes, within the framework of the constitutional grant.

The Necessary and Proper Clause is a supporting device that allows Congress to enact laws to carry out its enumerated powers, but it does not by itself grant the power to regulate appellate jurisdiction. The Commerce Clause addresses economic regulation and does not govern the judiciary’s jurisdiction. Hence the best answer is the combination of Article III, Section 2 and the Exceptions Clause.