The First Congress's Understanding of Its Authority Over The Federal Courts' Jurisdiction

Congress's control of federal court jurisdiction has been a favorite topic of debate for many years.'Commentary on the extent of this legislative power typically has involved two essentially separate analyses.2Power over the Supreme Court's jurisdiction has involved construction of a bafflingly simple phrase in article III of the Constitution establishing the Court's appellate jurisdiction "with such Exceptions, and under such Regulations as the Congress shall make."'Authority over the lower courts' jurisdiction turns upon a different provision dealing with "inferior Courts.''Consistent with the Madisonian Compromise at the Constitutional Convention,' the latter provision generally has been considered an appropriate basis for recognizing plenary congressional control Over the lower courts' jurisdiction.