Introduction Flashcards
(15 cards)
What is Article III of the Constitution?
Sets up the federal judiciary
How is the federal judiciary organized?
- Must be a SCOTUS
- Court of Appeals
- District Courts
Rarely, but some cases can be filed directly with SCTOUS
What is the unique power of the federal courts and what does it allow the judiciary to do?
Judicial Review
Empowered to strike down statutes and acts of executive officials as unconstitutional
What are the general limitations of Article III courts?
They are only empowered to decide cases and controversies
May not issue an advisory opinion–or decides legal questions based on interest
What is a tip off to an advisory opinion issue?
Proposed lege that has not been enacted into law
What is the general rule under the 11th amendment?
Cannot sue any state for money damages in federal court unless:
(1) state consents to the suit; OR
(2) Congress chose to abrogate that sovereign immunity through enumerated power
What are limitations of the 11th amendment?
Protects only states and state agencies
does not protect:
local governments,
individual state officers
Extends only to suits for money damages
What is the ex parte young rule?
Can generally seek injunctive relief against state officers, but federal courts cannot join state courts or state law clerks
What are the requirements for when Congress abrogate state sovereign immunity to enforce certain individual rights?
(1) Congressional intent to abrogate immunity must be clear
(2) exercising power under the civil war amendments (13-15); AND
(3) Cannot abrogate state immunity by exercising power under Art I
What is the implied consent rule?
U.S. government is permitted to bring suits against the states because state consent is implied by the states ratifying the Constitution
SCOTUS has also held that implied consent allows:
(1) actions brought by other stae governments
(2) bankruptcy that impacts state finances;
(3) federally approved condemnation proceedings brought by private parties; and
(4) actions by private parties against a state pursuant to a federal statute enacted pursuant to Congress’s war and defense powers
When SCOTUS grants cert, the lower court must
deliver its record so that it can be reviewed
How many justices are required to meet cert?
4
What are two limitations to SCOTUS appellate jurisdction?
(1) Congress can create exceptions under Article III
(2) cannot hear case from a state court when there are (a) adequate; and (b) independent state grounds for deciding a case
When is adequate and independent state grounds relevant?
(1) in the U.S. Supreme Clourt;
(2) arises through a writ of cert; and
(3) has already been decided by a state court
What is adequate and independent?
Adequate: State law controls decision, regardless of how federal issue would be decided
Independent: State court’s ruling does not depend on an interpretation of federal law (states can always create more rights than the feds)
