2. Political Controls on the Judiciary, Case or Controversy requirement, Advisory Opinions Flashcards
What are the 3 political controls upon the Judiciary?
Ammendment, Appointment, Impeachment
Why is an Amendment so hard?
It requires 2/3 of the Seante and 3/4 of the states to ratify
Who makes appointments?
The President (for Fed Judges) and the confirmation of the senate
What section allows for Impeachment?
Article II Sec 4 allows for US Officers to be removed form office upon conviction for Treason, Bribery, and other “high crimes and misdemeanours”
What are some external limits on Congress’s power over the Judiciary?
Those that exist in the Constitution. Due Process, and Equal Protection
Can Congress restrict SCOTUS power and why case decided this?
Yes. Congress can do this through the passage of legislation. Curdle decided this.
Can Congress through legislation exclude a realm of law from judicial review? What case?
US v Klein says that Congress can limit judicial review powers of either the lower federal courts or the Supreme Court, but not both
Can courts issue advisory opinions?
No
What is standing?
A plaintiffs right for a court to hear their case
How does one have standing?
If they have a sufficient stake in the controversy at issue. Must be suffering actual or imminent injury
Which case defined the requirtemntes for standing?
Lujan v. Defenders of Wildlife
Is any injury too minor to have standing, and which case determined this?
No. No injury is too minor. Massachusetts v. Environmental Protection Agency
