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> The Constitution doesn't directly say the Supreme Court has a power of judicial review Yes, it does. Jurisdiction literally means the ability to say what the
by torstenvl 6y ago
> The Constitution doesn't directly say the Supreme Court has a power of judicial review
Yes, it does. Jurisdiction literally means the ability to say what the law is. There is no plausible definition of appellate jurisdiction in the Anglo-American legal tradition that would not involve the power and duty to reconcile incompatible sources of law.
> Congress could also remove the appellate jurisdiction of the court to hear claims that laws are unconstitutional
No, it cannot. First, the power to make "exceptions" does not imply the ability to completely remove power. Second, whatever power Congress had under Article III was limited by later amendments, e.g., it cannot remove jurisdiction in a way that results in an impingement on the right to due process under the Fifth Amendment. There is nothing in the text of the Constitution nor in any case law that would support your implicit contention that Article III is somehow immune to being subject to the amendments process.
Third, although Klein has been a bit disfavored lately, it was reaffirmed in Patchak only a couple years ago. Some commentators focus on the plurality opinion while ignoring the fact that they're only a plurality and not the dissent because of Ginsburg's and Sotomayor's concurrence. That opinion interpreted Congress's intent generously and reasoned that Congress merely amended its waiver of sovereign immunity rather than dictated a result in a particular case. Of note, the concurring opinion explicitly agreed in principle with the "dissent," and they still ruled substantively on the merits notwithstanding Congress's attempt to strip jurisdiction.
If you'd like to continue this, please read Chemerinsky's excellent hornbook on federal jurisdiction first. And, you know, maybe go to law school.