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40. Is the statute constitutional?
Congress recently enacted a statute that provides the US Supreme Court with original jurisdiction over any cause of action against a military officer for official misconduct. The stated intent of the statute is to ensure the prompt disposition of such actions by eliminating the need for appeals.
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A is incorrect. Article I of the Constitution, not Article II, gives Congress, not the President, the power to sanction military misconduct.
C is incorrect. Congress's Article I power to create military tribunals does not expand its power over the Supreme Court's original jurisdiction.
D is incorrect. Congress does not have the authority to define or expand the Supreme Court's original jurisdiction as set by Article III.