Spring 2022 • Reading Group
Interpreting “The Judicial Power”
Exam Type: No Exam
Article III is notoriously curt. This observation is particularly true with respect to its Vesting Clause. While Article I and Article II prescribe the powers of Congress and the President in some detail, Article III simply provides that “the judicial power of the United States shall be vested” in the Supreme Court and any other federal courts established by Congress. But what is the content of “the judicial power”? What authority does it grant and what limits does it place on the federal courts? This reading group will consider the meaning of this opaque but important constitutional text. Specific attention will be paid to the relationship between “the judicial power” and core federal courts doctrines, including judicial review, stare decisis, and methods of constitutional and statutory interpretation.
Note: This reading group will meet on the following dates: 1/25, 2/8, 2/22, 3/8, 3/22, and 3/29.