Reply #40: Its an interesting conundrum [View All]

[tritsofme]

One that I love to play with in the abstract and theoretical world, but scares the hell out of me in reality.

Article III Section 2 of the Constitution states:

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Congress doesn't have to decide what is or what isn't constitutional, but they can limit the appellate jurisdiction of the SCOTUS so they are impotent to rule on the constitutionality of a certain subject.