Commentaries On the Jurisdiction of the Courts of the United States Vol 1 Con
Commentaries On the Jurisdiction of the Courts of the United States Vol 1 Con
George Ticknor Curtis
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Y38, 820 ; Cohens v. Virginia, 6 Wheat. 395 ; Story's Comm. On the Const. , § 1698. 9 130 THE JUDICIAL TOWER. that arises concerning it is, wlictlicr it requires any legisla- tion to vest or regulate it. The Constitution vests in the Supreme Court a full appellate jurisdiction, ■svhicli would have extended to all cases that belong to the judicial power, hut for the clause which declares that its appellate power, "both as to law and fact, " shall be exercised with "such exceptions, and under suc...h regulations, as the Congress shall make :" and if no legislation undertakes to regulate it, the appellate jurisdiction remains complete over all the cases belonging to the judicial power. But as it is made subject to the regulation of Congress, its limits are to be looked for in the legislation by which it has been regulated :^ and this ' Durousseau v. The United States, 6 Cranch, 307, 313. In tliis case, Mr. C. J. Marshall said, "It is contended that the words of the Constitution vest an appellate jurisdiction in this court, which extends to every case not excepted by Congress; and that if the court had been created with- out any express definition or limitation of its powers, a full and complete appellate jurisdiction would have vested in it, which must have been exercised in all cases whatever.
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