Political factions gain power to protect federal judiciary from jurisdiction-stripping.
The article challenges the idea that limits on Congress's power over federal jurisdiction are found in Article III. Instead, it argues that the main protection for the federal judiciary lies in the lawmaking procedures of Article I. These procedures allow political factions to block legislation that would strip federal courts of jurisdiction. History shows that when controversial court decisions sparked public outrage, even minority political factions in Congress used their power to protect the judiciary. This approach also sheds light on the question of whether Congress has limits on its authority to make exceptions to the Supreme Court's jurisdiction.