Orthodox View of the Two-Tier Analysis of Congressional Control Over Federal Jurisdiction

Abstract

Professor Casto responds to Professor Akil Amar’s two-tier theory of congressional control over federal jurisdiction with two alternative readings of Article II, Section 2. The first alternative reading turns on the possibility that the difference in wording was accidental. The second alternative draws more directly upon Article III's superficial distinction between "Cases" and "Controversies." In the end, however, Professor Casto argues that the general structure of Article III does not lend itself to Professor Amar’s theory.