Con Law (Fed.)

Question 1

“Prudential Standing” Requirement

Answer 1

States a plaintiff is a proper party to invoke a judicial resolution of the dispute.

Meeting this requirement depends in large part on whether the plaintiff’s grievance comes within the:

1. “zone of interests” protected or regulated by the constitutional guarantee or
2. Statute under consideration.

Question 2

Judicial Power

Answer 2

Source—Article III

Article III, Section 1 of the United States Constitution provides that “[t]he judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish.”

Question 3

Who creates the Federal Courts?

Answer 3

Federal courts are generally created by the United States Congress under the constitutional power described in Article III.

Article III requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction.

Article III courts have greater power than other specialized courts because they are independent of Congress, the President, and the political process.

Question 4

Scope -Article III, Section 2

Answer 4

Article III, Section 2 delineates the jurisdiction of federal courts as limited to cases or controversies:

1. Arising under the Constitution, laws, and treaties of the United States;
2. Affecting foreign countries’ ambassadors, public ministers, and consuls;
3. Involving admiralty and maritime jurisdiction;
4. When the United States is a party;
5. Between two or more states, or between a state and citizens of another state;
6. Between citizens of different states or between citizens of the same state claiming lands under grants of different states; or
7. Between a state, or its citizens, and foreign states, citizens, or subjects.

Question 5

Who has the power for Judicial review of Congressional and Executive Actions?

Answer 5

The Judiciary has the power to

1. Review an act of another branch of the federal government, and
2. To declare that act unconstitutional, as well as
3. The constitutionality of a decision by a state’s highest court,

Question 6

What is the central idea behind Marbury v. Madison?

Answer 6

The central idea behind this is that:

(i) the Constitution is paramount law, and
(ii) the Supreme Court has the final say in interpreting the Constitution.

Question 7

Judicial Review of State Actions

Answer 7

The federal judiciary has the power, under the Supremacy Clause (Article VI, Section 2), to review state actions
(e.g., court decisions, state
statutes, executive orders)
to ensure conformity with the Constitution, laws, and treaties of the United States.

Question 8

11th Amendment Limitations

Answer 8

11th Amendmentt is a jurisdictional bar that

1. Prohibits the citizens of one state from suing another state in federal court.
2. Immunizes the state from suits in federal court for money damages or equitable relief
3. When the state is a defendant in an action brought by a citizen of another state or a foreign country.

Additionally, the 11th Amendment:

1. bars suits in federal court against state officials for violating state law.
2. Preclude citizens from suing their own state in federal court.
3. Bars federal-law actions brought against a state government without the state’s consent in its own courts as a violation of sovereign immunity.

Question 9

Can a suit be brought by a Citizen against a State in the courts of another State?

Answer 9

YES. Neither the 11th Amendment nor the sovereign immunity doctrine bars a suit brought by a citizen against a state in the courts of another state.

Question 10

11th Amendment Exceptions

Answer 10

1. Consent
2. Injunctive Relief
3. Damages to be Paid by an Individual
4. Prospective Damages
5. Congressional Authorization

Question 11

Elements for Standing

Answer 11

1. Injury
2. Causation
3. Redressability