1. 90 This species of argument that a greater power includes the lesser power is a familiar one to federal courts scholars. See, e.g., Lockerty v. Phillips, 319 U.S. 182, 187 (1943) (concluding that Congress's greater power to ordain and establish inferior courts impliedly includes the lesser power to determine those courts' jurisdiction);As described below in Section II, the expansion of jurisdictional rules -leading to concurrent exercises of jurisdiction -have mostly been court driven,1982
2. Congressional Power to Curtail Federal Court Jurisdiction: An Opinionated Guide to the Ongoing Debate, 36 STAN;Gerald Gunther;L. REV,1984
3. supra note x, at x (describing the justiciability doctrines, including standing, ripeness, mootness, political question doctrine and advisory opinions); see also Henry P. Monaghan, Constitutional Adjudication: The Who and When, 82 YALE L.J. 1363, 1365 (1973) (describing the justiciability doctrines and setting out the traditional private rights and special function models;Fallon See;of the federal courts