Jurisdictional Implications in the Reduced Funding of Lower Federal Courts

Authors

James P. George, Texas A&M University School of LawFollow

Document Type

Article

Publication Date

1-2006

Journal Title

Review of Litigation

ISSN

0734-4015

Abstract

This article argues two related propositions. First, if Congress were to eliminate all funding for lower federal courts, its constitutional authority to regulate those courts would become as meaningless as the empty courthouses. Second, Congress breaches its duty to furnish a forum at a point short of full defunding, and with that breach, Congress's regulatory power over private civil disputes otherwise litigable in state courts--preempted and removable state law claims--becomes constitutionally invalid. The first fact setting of full defunding is hypothetical; the second has been underway for several years.

First Page

1

Last Page

77

Volume Number

25

Issue Number

1

Publisher

University of Texas School of Law

Recommended Citation

James P. George, Jurisdictional Implications in the Reduced Funding of Lower Federal Courts, 25 Rev. Litig. 1 (2006).
Available at: https://scholarship.law.tamu.edu/facscholar/210