Original jurisdiction of the Supreme Court etc.
Congress cannot obviate original jurisdiction of the Supreme Court, but it can sometimes limit the jurisdiction of lower federal courts – but can it do so in such a manner as to unconstitutionally thwart “judicial power” based in the U.S. Constitution., Art. III?
And then, can Congress mandate an expansion of lower fedederal court jurisdiction by obviating judicial use of the judicially created act of state doctrine?
The Hickenlooper Amendment limited application of the act of state doctrine re: certain expropriated property. Paust, Van Dyke, Malone, International Law and Litigation in the U.S. 800-801 (2 ed. 2005) (American Casebook Series, Thomson – West).
