9 § § 629. 887.
10 4 Blatchf. 50.
11 111 U. S. 449; 4 Sup. ft. Rep. 437: 28 L. ed. 482. 12 123 U. S. 32; 8 Sup. Ct Rep. 17: 31 L. ed. 69.
13 Except that facts passed upon by a jury may not be reviewed by the Supreme Court, except so far as the rules of the common law permit.
within the control of Congress under the constitutional provision that "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish," and that "in all other than original cases . . . 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."
These exceptions and regulations which Congress is thus authorized to make have reference to the granting and regulation of appeals to the Supreme Court. Congress thus may prevent the exercise of appellate jurisdiction by the Supreme Court by making no provision for appeals or writs of error from the lower federal or from the state courts, either by failing to grant original jurisdiction to the inferior courts, or by providing that their jurisdiction, when granted, shall be final.
That the appellate jurisdiction of the Supreme Court is within the control of Congress was strikingly manifested in the case of Ex parte McCardle.14 In this case the Supreme Court had assumed jurisdiction by appeal from a Circuit Court, the case argued, and taken under advisement, but while still undecided, Congress by an act deprived the court of appellate jurisdiction over the class of cases to which the one at issue belonged. Thereupon the Supreme Court dismissed the appeal for want of jurisdiction. This congressional action, it was known, had been taken to prevent the court from passing upon the constitutionality of certain "reconstruction" measures. The court, however, said : "We are not at liberty to inquire into the motives of the legislature. We can only examine into its power under the Constitution; and the power to make exceptions to the appellate jurisdiction of this court is given by express words."