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There has been considerable debate about the limits of Congress’ power under the exceptions clause to strip the Supreme Court of appellate jurisdiction. Some have argued that Congress may strip the Court of all its appellate jurisdiction, withhold jurisdiction from the lower federal courts, and thereby all but eliminate the judicial branch. Others have argued that the Supreme Court has an "essential role" that Congress may not destroy through exceptions. Still others have argued that the exceptions clause gives Congress unfettered discretion to distribute appellate jurisdiction among the federal courts — that is, to make exceptions in favor of other Article III courts.This Note presents a new argument in support of the "essential role" thesis and against the view that all federal courts are equal and interchangeable. It will argue that the original jurisdiction clause reflects the Framers’ vision of the Supreme Court as the most important court in the nation. The Framers assigned these cases to the most important court out of respect for the dignity of the parties involved and because the Framers thought these cases would be unusually sensitive — so sensitive that they might take the United States to war. If the Framers meant for the Supreme Court to be the most important court, they must also have meant the exceptions power to be limited rather than absolute. The exceptions power cannot include the power to strip the Supreme Court of all appellate jurisdiction because Congress could then destroy the Supreme Court’s status as the nation’s most important court.

Congressional Control of Supreme Court Appellate Jurisdiction: Why the Original Jurisdiction Clause Suggests an "Essential Role"