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Congressional power over federal court jurisdiction: A Defense of the neo-federalist interpretation of Article III
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Brigham Young University Law Review
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January 1, 1997
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Copyright informationCopyright Brigham Young University, Reuben Clark Law School 1997. Provided by ProQuest LLC. (Hide copyright information)
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Robert J. Pushaw, Jr.*
Article III of the Constitution1 is so complex that its meaning has never been established conclusively, despite two centuries of intensive analysis. A perfect reading of the judiciary article will likely continue to prove elusive. Therefore, a more realistic goal is to determine which of the many competing interpretations of Article III best explains its text, structure, and history. This Article argues that the "Neo-Federalist" approach, developed originally by Akhil Amar2 and revised by me,3 provides an account of Article III that is more satisfying than John Harrison's recent modification of Henry Hart's dominant interpretation.4
I. THE RIVAL INTERPRETATIONS OF ...
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