[20180116]LSB10059_马布里诉麦迪逊案重演！最高法院考虑“司法”权的范围.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Marbury v. Madison Returns! The Supreme Court Considers the Scope of “Judicial” Power January 16, 2018 Every first-year law student learns about Marbury v. Madison. In the landmark 1803 opinion by Chief Justice John Marshall, the Supreme Court established the basis for judicial review and set out the limitations of its own jurisdiction, forming the foundation for the Courts role in U.S. government. It now appears that the scope of one of the major holdings of Marbury is back before the Supreme Court. In Dalmazzi v. United States, an appeal from the Court of Appeals for the Armed Forces (the “CAAF”), consolidated with Ortiz v. United States and Cox v. United States, the Court has taken the relatively unusual step of granting a third party amicus, University of Virginia (UVA) law professor Aditya Bamzai, oral argument time in which to argue that Marburys interpretation of the Supreme Courts jurisdiction under Article III prevents the Court from exercising jurisdiction in any appeal from the CAAF. This aspect of Dalmazzi, which is to be argued on January 16, is significant for Congress. The Supre