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14th amendment abortion act of Congress adjudication Alstyne appellate power argument Article Article III authority bills busing Chief Justice circuit court claims Committee Cong congressional power constitutional review constitutional rights constitutionality Court's appellate jurisdiction Cutler decide denied due process clause enacted enforce equal protection essential functions Ex parte McCardle exceptions and regulations exceptions clause exercise federal court jurisdiction federal judiciary federal law Federalist Federalist Papers fifth amendment Fourteenth Amendment framers grant habeas corpus hear Hunter's Lessee inferior federal courts injunction interpretation involving judges judgment judicial review Judiciary Act jurisdic jury law and fact LAW REVIEW legislation legislature limited litigation lower federal courts matter opinion original jurisdiction power of Congress Professor question Ratner remedy respect restrict school prayer Senator Hatch statement statute subcommittee supra note supremacy clause Supreme Court decisions Supreme Court's appellate tion U.S. Supreme Court unconstitutional United vested violation writ of habeas