Constitutional law Flashcards
(38 cards)
Article III of the US Constitution authorizes
the federal court system
As enumerated in Article III of US Constitution, federal court jurisdiction is limited to
cases arising from federal Constitution, law, treaties of the US.
cases between citizens of different states
admiralty and maritime cases
Cases where US is a party to the action
Actions between two or more states
Actions between a state and foreign country
What is the doctrine of judicial review?
The doctrine authorizes the Supreme Court to review the actions of other branches of government and interpret laws created by other branches of the government.
Is federal review on state law permitted?
Federal review of state law is permitted by the Supremacy clause of the US Constitution.
What is difference between Article III and Article I?
Under the Article III, Congress established the federal court system, including all federal trial and appellate courts except the Supreme Court. Congress utilized various legislative powers granted by Article I, to created the tax courts and the district of Columbia Courts.
What is jurisdiction of Supreme Court?
The Supreme Court has both original and appellate jurisdiction. The original jurisdiction is limited to those cases which affect ambassadors, public ministers, consuls and those in which a state is a party. The Supreme court has jurisdiction over any cases that the Supreme Court chooses to hear.
In order for federal court to have jurisdiction, there must be case or controversy: which means
Federal courts may not hear cases where the results would amount to a mere advisory opinion. Due to this limitation, an actual case or controversy must exist in order for federal court to have jurisdiction. This means the case must present actual harm done or immediate threat of harm and the controversy cannot become moot at any stage of review.
What is exceptions to the case or controversy requirement for federal jurisdiction to exist?
If a controversy is capable of repetition, but it is also possible that the controversy may evade review due to ootness, then a federal court may hear the case regardless of whether the controversy becomes moot for the complaining party during the court of review.
For example, issues involving pregnancy may become moot for each complaining party due to the time it would take to obtain judicial review. The issue would thereby evade review becoming moot each time it was raised as a cause of action.
what is difference between ripeness and mootness?
A case that is not ripe for judicial review is on where the controversy has not actually developed and there is no threat of immediate harm.
A case that is moot is one where the controversy has been resolved.
A party has a standing for Supreme court review when:
1) she sustained an injury resulting from government action and/or has an actual stake in the outcome of the controversy.
2) there is causal connection between the government action he is challenging and the injury
3) a favourable ruling would redress that harm
The Supreme court will not hear a case brought by a party who lacks standing.
When might a person have standing to assert the rights of another?
Typically, a plaintiff must show that he has directly been injured in order to have standing. A claimant may assert a third party right, however when he has suffered from an injury and the third party in question cannot asser his rights himself or injury suffered adversely affects the claimant’s relationship with the third party.
When would an organization have standing to bring suit challenging government action?
An organization have standing to challenge government action in the federal courts when either :
1) The action harms the organization itself, or
2) the action harms members of the organization. For this type of standing to be valid, there must be harm in fact and the harm must be related to the purpose of the organization but the individual plaintiff need not participate in their individual capacity.
When is citizenship standing appropriate?
Never. Citizenship standing is too general to be valid as the basis for standing in federal court.
When is taxpayer standing appropriate?
Taxpayer standing is rarely appropriate because taxpayer s interest is generally too remote. A taxpayer may have standing, however, if he is challenging federal appropriations or spending. This exception to the rule is rare and has only been successful in relation to cases where it was argued that Congress power to tax should be limited by the Establishment Clause.
What is legislators’ standing and when is it proper in federal court?
Legislator may challenge a government action if they have a personal stake in the outcome and have suffered from an actual injury. q
Under what circumstances would the Supreme Court refuse to hear a case on appeal from a state supreme court?
If the case was decided in state court on adequate and independent state grounds, the Supreme cOurt would deny jurisdiction to hear the case.
What is abstention?
Abstention occurs when the federal courts hear a case premised on unsettled state law and refrain from ruling on the case until the state settles the underlying question of law.
What is political question
Any question that the Constitution dictates should be resolved by another branch of government( executive or legislative) or one that cannot be resolved by the judicial process. Federal courts will not rule on political question.
how does the Eleventh Amendment limit federal court jurisdiction?
Federal courts may not hear cases brought against state by foreign government or private parties.
What are the exceptions to the Eleventh Amendment limitation on the jurisidction of federal courts?
Federal jurisdiction over a claim against a state is allowed if either: 1) The state consents to it 2) the claimant is the US itself, or3) Congress has granted jurisdiction under the Fourteenth Amendment.
Congress’ constitutional power includes
tax and spend
regulate commerce and coin money
declare war and raise armies
Investigate relating to legislation
regulate property and the postal system
establish bankruptcy laws and citizenship rules
confer admiralty jurisdiction upon its courts
control the issuance of patents/copyrights
make all laws necessary and proper for executing power granted to the federal goverment
There is no federal police power.
Necessary and property in relation to Congressional power means:
Congress ca make any law to help carry out the powers enumerated in the Consitution so long as the law is necessary and proper and does not expressly overrule the Constitution.
A tax is proper within Congress’ taxing power if:
1) reasonable relationship between the tax and the revenue raised by tax
2) Congress has the power to regulate the activity taxed
pursuant to the spending power, Congress may
Congress may spend for any public purpose. Congress may also condition receipt of federal funds by states on compliance with certain regulations. This power is limited by the Bill of rights.
