parent nodes: Article III | judicial power | judicial review
Martin v Hunters Lessee
Facts
VA confiscates land from British loyalists during Revolution
VA grants land to Hunter
In Jay Treaty and Treaty of Paris, US agrees to restore British subjects' title to seized lands
Martin, who holds the British title, sues Hunter
VA holds that the VA act wins; Supreme Court disagrees and remands
VA refuses to follow Supreme Court decision on grounds that the part of the Judiciary Act granting judicial review of state court decisions is unconstitutional
Analysis
Story makes three separate arguments that the Court must be able to hear appeals from state courts:
(1)
Article III requires that the judicial power "shall" be vested. Furthre, Article III stipulates that the judicial power shall extend to "all cases" in the enumerated list, and gives the Supreme Court appellate jurisdiction as to all cases except admiralty, etc. As a result, "if . . . it is a duty of congress to vest the judicial power . . . it is a duty to vest the whole judicial power."
The only place Congress may vest the judicial power is in federally-created courts. Thus, for the (necessarily vested) judicial power to extend to all cases either (1) the federal courts must have exclusive subject matter jurisdiction over these areas, so that the Court could properly exercise appellate jurisdiction over the areas in which it was competent, or (2) in a system of concurrent jurisdiction the Court must have appellate jurisdiction over state court tribunals. Because (1) does not hold, (2) must.
(2)
Story notes that for federal question jurisdiction, jurisdiction over ambassadors, etc., the judicial power extends to "all cases;" in comparison, federal diversity jurisdiction extends only to "cases." As a result, the Exceptions Clause of Article III makes sense only as a power of Congress to remove jurisdiction over the non-mandatory tier of federal jurisdiction. Story then argues that the 1789 Judiciary Act is consistent with his argument, given that the first tier of jurisdiction is limited only by "subject matter," while the second tier is limited by the amount in controversy.
(3)
Furthemore, federal judicial review ensures unaminity of doctrine on constitutional law and ensures compliance with the Supremacy Clause of [Article VI].
See judicial review; judicial power