Comparison with other human rights instruments Constitutional scholar Peter Hogg has remarked that the notwithstanding clause "seems to be a uniquely Canadian invention". The United States Constitution gives no such powers to the states (see: nullification), but Article III, sect. 2 does authorize the Congress to remove jurisdiction from the federal courts. Not since World War II has Congress mustered the requisite majority.The Norris–La Guardia Act of 1932 "provided, with certain exceptions, that no Federal court should have jurisdiction to issue an injunction in a case involving or growing out of a labor dispute". The Emergency Price Control Act of 1942 "contained a provision withholding from Federal district courts authority to enjoin the enforcement of the act".
comparison with other human rights instruments constitutional scholar peter hogg has remarked that the notwithstanding clause "seems to be a uniquely canadian invention" the united states constitution gives no such powers to the states (see nullification) but article iii sect 2 does authorize the congress to remove jurisdiction from the federal courts not since world war ii has congress mustered the requisite majoritythe norris–la guardia act of 1932 "provided with certain exceptions that no federal court should have jurisdiction to issue an injunction in a case involving or growing out of a labor dispute" the emergency price control act of 1942 "contained a provision withholding from federal district courts authority to enjoin the enforcement of the act"