Judicial Power

Question 1

What is Judicial Power?

Answer 1

The authority of the courts to declare laws unconstitutional.

Question 2

What is the power of Judicial Review?

Answer 2

The power of the courts to declare laws unconstitutional is implicit in the grant of judicial power to the Court.

Question 3

What did Marbury v. Madison establish?

Answer 3

It established the power of the judiciary to review the constitutionality of federal statutes, executive actions, or state court decisions.

Question 4

Under Marbury, what are the limitations on judicial review regarding executive actions?

Answer 4

Some matters, such as whether to veto a bill or whom to appoint for an office, are entirely within the president’s discretion and are not subject to judicial review.

Question 5

What did Martin v. Hunter’s Lessee rule?

Answer 5

It ruled that SCOTUS has the power to review state court decisions that determine the constitutionality of state statutes under the US Constitution.

Question 6

What is established by Cohens v. Virginia?

Answer 6

It established that SCOTUS or federal courts can review state court decisions regarding the constitutionality of state laws and actions of state officials.

The Constitution, Laws and Treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law anything in the constitution or laws of any state to the contrary notwithstanding.

Question 7

What is the Supremacy Clause?

Answer 7

According to Article VI, the Constitution, Laws, and Treaties of the United States take precedence over state laws.

Question 8

What did Cooper v. Aaron rule?

Answer 8

It ruled that federal courts have the authority to review the constitutionality of state laws and actions of state officials.

Question 9

What are interpretive limits on Judicial Review?

Answer 9

They raise questions about how the Constitution should be interpreted, with some approaches seeking to narrow judicial power and others allowing broad latitude.

Question 10

What is Originalism?

Answer 10

A judicial philosophy where judges confine themselves to enforcing norms stated or clearly implicit in the text of the Constitution.

Question 11

What are the two types of Originalism?

Answer 11

Strict Originalists follow the literal text and specific intent of the drafters, while Moderate Originalists focus on the adopters’ general purposes.

Question 12

What is Non-Originalism?

Answer 12

A philosophy where courts enforce norms that cannot be discovered within the Constitution’s text, allowing for its evolution through interpretation.

Question 13

What does Article 3 Section 2 Clause 2 state?

Answer 13

It states that Congress has the ability to restrict federal court jurisdiction.

the Supreme Court shall have appellate jurisdiction to Law and fact with such exceptions and under such regulations as the congress shall make”

Question 14

What is the Exceptions & Regulations Clause?

Answer 14

It allows Congress to create exceptions to the judicial review of federal courts, leading to debates about Congress’s power over SCOTUS jurisdiction.

Question 15

What was the significance of Ex Parte McCardle under the Exceptions & Regulations Clause?

Answer 15

Court held: Congress cannot reverse the outcome of final cases, Congress can tell what the rules are but cannot tell SCOTUS how to resolve the application of the laws

Congress cannot change the law in response to a Supreme Court decision interpreting a statute

Question 16

What did US v. Klein establish under the Separation of Powers Doctrine?

Answer 16

It established that Congress cannot impose a specific ruling on SCOTUS regarding how to hear a case, as it violates the separation of powers.

In Klein, congress adopted a statute providing that a pardon was inadmissible as evidence, essentially overruling a previous SCOTUS decision. Held to be invalid bc congress was limiting the power of presidential pardons.

Question 17

What did Plaut v. Spendthrift Farm establish under the Separation of Powers Doctrine?

Answer 17

Congress cannot retroactively command the federal courts to reopen final judgments without violating the separation of powers doctrine

Question 18

What are Justiciability Limitations?

Answer 18

Judicially created limits on the matters that can be heard in federal courts, determining when it is appropriate for them to review a matter.

Question 19

What are the two sources of Justiciability Doctrines?

Answer 19

Constitutional requirements, which cannot be disregarded, and prudential requirements, which can be overridden by Congress.

Question 20

What is the Prohibition of Advisory Opinions?

Answer 20

For a case to be justiciable, 1) there must be an actual dispute between adverse litigants

2) and a substantial likelihood that a favorable court decision will bring about change.

Question 21

What is Standing?

Answer 21

The determination of whether a specific person is the proper party to bring a matter to court for adjudication.

Question 22

What must a plaintiff allege for standing?

Answer 22

1. The plaintiff must allege that he or she has suffered or imminently will suffer of an injury
2. the the injury is fairely traceable to the D’s conduct
3. and that a favorable court decision is likely to redress the injury.

Question 23

What is the ‘but-for’ test? for Causation for Standing

Answer 23

A test used to determine causation, asking if the harm would not be present but for the defendant’s conduct.

Question 24

What is the significance of Allen v. Wright?

Answer 24

It ruled that stigma-related issues alone do not provide standing unless tied to an equal protection legal issue.

Question 25

What is the significance of City of LA v. Lyons?

Answer 25

Lyons files complaint to seek damages & injunction. But here he is claiming he wants to prevent future activity for which they do not know when that will happen. It ruled that seeking damages and injunction based on a generalized injury applying to all citizens does not provide standing.

Question 26

What is the first limitation to the 3rd party Prudential Standing Requirement?

Answer 26

Prohibition of 3rd Parties--A party generally may assert only his or her own rights and cannot raise the claims of 3rd parties not before the court

Question 27

Under the Prohibition against 3rd Parties for standing, what are the 4 Exceptions?

Answer 27

1. Substantial obstacles to the 3rd party seeking to assert their own rights 2. A close relationship bw the advocate and the 3rd party 3. Overbreadth Doctrine 4. Standing for Associations

Question 28

Under the Prohibition against 3rd Parties for standing, what is the substantial obstacles to 3rd parties Exception?

Answer 28

A person may asserts the rights of a 3rd party not before the court if there are substantial obstacles to the 3rd party asserting his or her own rights and if there is reason to believe that the advocate will effectively represent the interest of the 3rd party

Question 29

Under the Prohibition against 3rd Parties for standing, what is the close relationship Exception?

Answer 29

Where there is a close relationship between the advocate and the third party. Usually, third party standing is permitted in such circumstances where the individual seeking standing is a party of the third party’s constitutionally protected activity. ## Footnote Craig v. Boren found that State law permitted only women to buy 3.2% beer at age 18 but prohibited men from 18 to 21. P suffered economic loss thus fulfilling standing req so he filed for 3rd party 18-21 customers to challenge the law.

Question 30

What is the Overbreadth Doctrine?

Answer 30

It allows a person to challenge a statute on the ground that it violates the 1st Amendment rights of third parties not before the court.

Question 31

What are the requirements for Standing for Associations Exception?

Answer 31

1. An organization has standing if its members would have standing to sue by their own 2. their interests are germane to the organization's purpose. 3. and neither the claim nore the relief requested reqs participation in the lawsuit of the individual members.

Question 32

What is the prohibition against Generalized Grievances under the Prudential Standing Req?

Answer 32

A plaintiff may not sue solely as a taxpayer or citizen concerned with having the government follow the law. ## Footnote Taxpayer standing Exception --> P's have standing to challenge govt expenditures as violating the Establishment Clause

Question 33

What s the Zone of Interest under the Prudential Standing Req?

Answer 33

A party must raise a claim within the zone of interest protected by the statute in question P must allege that “the interests sought to be protected by the complainant is arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question.”

Question 34

What is the Ripeness Doctrine?

Answer 34

A cases is not yet ripe (and therefore not yet decidable by a federal court) if it has not yet become sufficiently concrete to be easily adjudicated. ## Footnote Ask when may a party seek preenforcement review of a statute or regulation?

Question 35

What factors do courts consider for ripeness?

Answer 35

The hardship to the parties of withholding court consideration and/or the fitness of the issues is a legal issue

Question 36

What is hardship in legal terms?

Answer 36

Hardship is direct and immediate. Hardship from choice bw possibly unnecessary compliance and possible conviction-->forgoing lawful behavior or risk facing prosecution with substantial consequences Where enforcement of a statute/reg is certain and the only impediment is a delay before proceedings commence against P Where there are collateral injuries

Question 37

What is the fitness of issues in legal analysis?

Answer 37

The more a question is purely legal and does not depend on a particular factual context, the more likely the court will find ripeness. ## Footnote CA Bankers Assoc. v. Schultz-- bank associations sued to enjoin enforcement of fed law that created record keeping and reporting reqs for banks. They claimed that reporting reqs violated 1st Amendment rights of bank customers but case was not ripe bc there is no concrete factual situation to facilitate judicial review

Question 38

What is the Mootness Doctrine?

Answer 38

If anything occurs while lawsuit is pending to end the P's injury-->the case is to be dismissed as moot ## Footnote An actual controversy must exist at all stages of federal court proceedings. If events resolve the dispute, the case should be dismissed as moot.

Question 39

What are common examples of mootness?

Answer 39

Examples include a criminal dying during appeals, parties settling, a challenged law expiring, or a lawsuit filed against an unsigned bill.

Question 40

What are exceptions to the Mootness Doctrine?

Answer 40

Exceptions include secondary/collateral consequences, capable of repetition but evading review, voluntary cessation, compliance with court order, class action suits, and statutory changes.

Question 41

What are secondary/collateral consequences in mootness?

Answer 41

A case is not moot if collateral matters remain alive after the main legal question is moot.

Question 42

What is the capable of repetition but evading review exception?

Answer 42

A case is not dismissed as moot if there is an injury likely to recur and it is of such short duration that it likely always evades review.

Question 43

What is the voluntary cessation exception?

Answer 43

A case is not dismissed as moot if the defendant voluntarily ceases the allegedly improper behavior but can return to it at any time.

Question 44

What is the compliance with court order exception?

Answer 44

A case is moot only if there is no possibility that the allegedly offending behavior will resume once the order expires.

Question 45

What is the class action suits exception?

Answer 45

A properly certified class action suit may continue even if the named plaintiff's claims are rendered moot.

Question 46

What is the Political Question Doctrine?

Answer 46

It is based on the separation of powers and deems certain subjects inappropriate for judicial review.

Question 47

What factors determine a political question?

Answer 47

Factors include textual commitment to another branch, lack of judicial discoverable & manageable standards to resolve the issue, impossibility of deciding w/o an initial policy determination impossibility of independent resolution, need for adherence to political decisions already made-->where if maybe req certain decisions be made by other branches an embarrasing conflict of decision on the issue from the gov't

Question 48

What areas has the Court considered under the Political Question Doctrine?

Answer 48

Areas include the republican form of government clause, electoral process, foreign affairs, congressional regulation of internal processes, and impeachment.

Question 49

# Political Question Cases under the republican form of government clause and the electoral process

Answer 49

Art. IV (4), section 4 of the Con states that the US shall guarantee to every state in the Union a republican form of gov't – Places limits on the type of gov a state may have – Prevents states from creating their own form of gov

Question 50

# Politilcal Question Cases under the electoral process

Answer 50

– Political gerrymandering is a political question thus nonjusticiable-->but racial gerrymandering is unconstitutional because its violates equal protection clause But if issue is based on political affiliation and racial ID-->hard to make distinction

Question 51

# Political Question Challenges to the president's conduct on Foreign affairs

Answer 51

} "The conduct of FA is committed by the Executive and Legislature the Political dept's of the Gov't…" } The conduct of foreign relations is the sole responsibility of the executive – When war begins /ends is left to exec & legislative branches – Recognition of foreign govts – Ratification & interpretation of treaties – Challenges to the use of war powers

Question 52

# Politcal Question Challenges to Congress’s ability to regulate its internal process

Answer 52

thats the answer!

Question 53

# Political Question Challenges to the impeachment and removal process (for Executive)

Answer 53

Review of the impeachment clause raises a political question

Question 54

# Political Question Challenge on independent state grounds

Answer 54

The Supreme Court will not hear a case from a state court, even though it has jurisdiction over the parties and the subject matter, if there are adequate and independent state grounds to support the decision. – Where the state court holds the law invalid on the state, rather than federal, constitutional grounds. Therefore, the Supreme Court should refuse to grant certiorari.

Question 55

What did the original Constitution primarily concern?

Answer 55

The structure of the federal government, common defense, and eliminating barriers to trade.

Question 56

What did the original Constitution say about the slave trade?

Answer 56

It prevented the slave trade upon ratification but allowed slavery to continue in states that permitted it. ## Footnote The Constitution protected the slave trade until 1808 and allowed slavery until the 13th Amendment ended it.

Question 57

What does Article I, section 9 state regarding the slave trade?

Answer 57

It states that Congress cannot prohibit the importation of slaves prior to 1808, but may impose a tax on such importation.

Question 58

What is the original jurisdiction of the Supreme Court?

Answer 58

Under Article 3 section 2, it includes cases affecting ambassadors, controversies between states, and proceedings by a state against citizens or aliens of another state. ## Footnote SCOTUS has original jurisdiction where a state is a party but not for private interests.

Question 59

Can Congress restrict the original jurisdiction of the Supreme Court?

Answer 59

No, Congress cannot restrict or enlarge the Supreme Court’s original jurisdiction, but it can give concurrent jurisdiction to lower federal courts.

Question 60

How can the original jurisdiction of the Supreme Court be changed?

Answer 60

It can only be changed through a constitutional amendment, not by statute.

Question 61

What is the appellate jurisdiction of the Supreme Court?

Answer 61

According to Article III §2, the Supreme Court has appellate jurisdiction in all other cases with exceptions and regulations made by Congress.

Question 62

What must happen for a case to be heard under the Supreme Court's appellate jurisdiction?

Answer 62

The case must be filed in a lower court first; it cannot be initially filed with the Supreme Court.

Question 63

Can Congress limit the Supreme Court's appellate jurisdiction?

Answer 63

Yes, Congress can limit the appellate jurisdiction through specific acts.

Question 64

Give an example of Congress limiting the Supreme Court's appellate jurisdiction.

Answer 64

Congress passed a statute prohibiting review in the U.S. Supreme Court of final judgments in criminal matters made by the highest court in each state. ## Footnote An example includes Congress passing a law prohibiting American flag burning.