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this post was submitted on 27 Sep 2024
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Yes, the Constitution distinguishes "appellate jurisdiction" and "original jurisdiction." Some cases go straight to the Supremes: for example, disputes between states. That's original jurisdiction. They try those cases. But appellate jurisdiction is specifically mentioned as something that Congress can regulate, though Congress never has, just as they have never passed legislation to allow enforcement of the Emoluments Clause.
Here's Section 2, boldface is my own:
That's very much not "all cases." There is a very clear qualification added to that. It's an instance of checks and balances that have never been exercised, since the Supreme Court has only done a small number of power grabs over the year-- the biggest being that, absent Congressional action, they granted themselves the power of judicial review, which is a distinct power from appellate jurisdiction. And that has been something that, through inertia, spinelssness or fear of opening cans of worms, Congress has never addressed, despite having the power to do so.
Judicial review stems from the very first line of section 2, discussing "all cases arising under this constitution". The part you cited says that Congress can determine that certain cases must be first heard in certain courts, such as federal district courts, or state courts. Only a few types of cases are first heard in SCOTUS.
Nothing about that prohibits courts at any level from making a ruling on constitutional grounds.
Judicial review is just the idea that the courts are empowered to declare legislation to be in conflict with the constitution. Appellate and original jurisdiction are irrelevant to judicial review. Judicial review is not limited to SCOTUS. Every court has the power to determine whether a law under their jurisdiction follows the constitution, but only if a claimant presents a case.