In Search of Removal Jurisdiction

Scott Dodson, In Search of Removal Jurisdiction, 102 Nw. U. L. Rev. 1 (2008)

Overall, it's not on point for me, but there are a few passages that are interesting:

"As 'power', jurisdiction embodies societal values, such as federalism, separation of powers, and a limited national government." (5)

"Jurisdictional rules ... protect the larger societal interests discussed above, even when they are not deemed worthy of protection by the litigants." (6)

"[T]he confusion between merits and jurisdiction is often grounded in a misconception of whose jurisdiction is at issue. Congress must be wary of its own authority to legislate. ... Congress is bound by that requirement when legislating under its Commerce Clause powers. It is not so bound when legislating under its Article III powers to control the lower courts." (16)

This is precisely what I disagree with, that Congress is not limited under Article I in granting jurisdiction. I don't see the Article III power as a separate power, unlimited by the Article I limits (common law making, whole-government federalism).

Note that this passage cites Wasserman's article, where he presents the same "jurisdiction of courts and Congress are different beasts" argument that I disagree with. Note further that this last statement, that Congress is not bound when legislating under the Article III powers, isn't footnoted.