Anthony J. Bellia

86 Texas L. Rev. See Also 1

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In his response to Professor Siegel’s Article, Professor Bellia takes a closer look at some of the Article’s conclusions.  In particular, Professor Bellia responds to the assertion that congressional power to generate justiciability demonstrates the purposelessness of justiciability doctrines.  Are justiciability doctrines an effective limit on federal power?  If constraining the power of a federal institution can be a legitimate constitutional purpose in itself, does congressional control over justiciability act as a real, and not merely illusory, limit on judicial power?

Professor Bellia examines important historical thought on the subject—including James Madison’s concerns expressed at the Federal Convention and John Marshall’s writings in a number of Marshall Court decisions—as evidence that persons knowledgeable in law reasonably understood the forms that limited judicial power to function as constitutional limitations.  The result places the analysis at the center of a fundamental separation-of-powers debate over the respective roles of Congress and the federal courts.