Congressional Authority Over the Federal Courts

Publication Date: May 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

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Abstract:

This report examines Congress' legislative authority with respect to the Judicial Branch. While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers. Usually congressional oversight of the judicial branch is noncontroversial, but when Congress proposes to use its oversight and regulatory powers in a manner designed to affect the outcome of pending or previously decided cases, constitutional issues can be raised. In recent years, Congress has considered using or has exercised its authority in an effort to affect the results in cases concerning a number of issues, including abortion, gay marriage, freedom of religion, "right to die" and prisoners' rights.

This report addresses the constitutional foundation of the federal courts, and the explicit and general authorities of Congress to regulate the courts. It then addresses Congress' ability to limit the jurisdiction of the courts over particular issues, sometimes referred to as "court-stripping." The report then analyzes Congress' authority to regulate the availability of certain judicial processes and remedies for litigants. Congressional power to legislate regarding specific judicial decisions is also discussed.

Recent laws which are relevant to this discussion include the Prison Litigation Reform Act Legislation and a law "For the relief of the parents of Theresa Marie Schiavo." Various proposals were also passed by the House, but not the Senate, in the 108th Congress. For instance, starting in July 2003, an amendment was passed by the House to limit the use of funds to enforce a federal court decision regarding the Pledge of Allegiance. Then, in July 2004, the House passed H.R. 3313, the Marriage Protection Act, which would have limited Federal court jurisdiction over questions regarding the Defense of Marriage Act. Finally, in September 2004, the House passed H.R. 2028, the Pledge Protection Act, which was intended to limit the jurisdiction of the federal courts to hear cases regarding the Pledge of Allegiance.

Much of the material in the section on congressional power over court jurisdiction is also included in CRS Report RL32171, Limiting Court Jurisdiction Over Federal Constitutional Issues: 'Court-Stripping,' by Kenneth R. Thomas.