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Flashcards in Supreme Court Authority and Role Deck (14):
1

What is Judicial Review?

-The ability of the Supreme Court to decide the constitutionality of a statute, order, etc. invalidating legislation or executive power

2

What does the constitution do?

-Set up the structure of the Federal Government
-Creates the system of Federalism
-Regulates the relationship between the Government and the people

3

Marbury v. Madison

-Justice Marshall established judicial review for the court
-Marbury was suing for a writ of mandamus to get his judicial commission
-Court holds this would be unconstitutional by granting the Supreme Court original jurisdiction where it only has appellate jurisdiction (*exceptions)

4

What are the justifications for giving the court final say over constitutionality?

-Balance of power to legislative branch, otherwise they'd set limits on their own power
-To some extent the judiciary sets limits on its own power, but its the weakest branch because it doesn't make laws so it is best suited (A. Ham 78)
-Independent judges can make different opinions than elected ones and have to justify constitutionality which legislators do not

5

What are the elements of Standing?

-Injury in fact
-Causal connection
-Redress-ability
-Also think about: over-breadth and if Congress has authorized a citizen suit on the subject

6

Lujan v. Defenders of Wildlife

-ESA regulations change
-Court held that the plaintiff's had no standing
-Court also holds that the 'citizen-suit' which did grant standing was unconstitutional by violating standing, but this is controversial because eliminating citizen-suits completely could violate Due Process

7

Martin v. Hunter's Lessee

-Martin's uncle left him the property, but Virginia violated the original land grant and transferred a portion of the land to Hunter
-SCOTUS said that Martin had a right to the land under Fed. statute
-Virginia court refused to follow the holding because although Fed. Law is supreme, the matter originated in state court so SCOTUS has no authority and that the Fed. land statute is unconstitutional
-Court holds that it does have the last say in what is constitutional for federal questions even if they arise in state court

8

Cooper v. Aaron

-Arkansas case of governor refusing to comply with Brown v. Board
-Court holds that Fed. law is supreme
-State argues that because they weren't a party, they aren't bound to obey
-Technically that's true, but that would mean that every school district in the country would have to sue

9

Ex Parte McCardle

-Man asking for writ of habeas corpus
-Congress repealed power of the court to review case of habeas corpus
-Only stripped jurisdiction for Act of 1867
-Case dismissed for want of jurisdiction

10

Massachusetts v. EPA

-Suit over rising sea levels in MA because of greenhouse gases
-EPA argues any change they made would be minimal, so they don't have to regulate
-Court disagrees, holding there is standing
-Citizen suit here constitutional when Congress is specific about people, class of persons, and injury

11

What is Mootness?

-Only comes after standing
-Requires controversy to exist throughout the stages of review, not just at the time of filing
-Exception when "capable of repetition yet evading review"

12

What is Ripeness?

-The controversy having present appropriate circumstances

13

Baker v. Carr

-TN voters bringing action for violating equal protection
-Apportionment hadn't been redrawn for decades despite population growth
-Court holds this is in fact not a political question
-Political question is when something is explicitly delegated to another branch of government or if there are no judicial standards available, so the court won't decide on it
-Prominent factors: textually demonstrable, lack of judicially discoverable or managable standards

14

Clapper v. Amnesty Int.

-Surveillance suit post-9/11
-Dismissed for lack of standing because the government wouldn't disclose the proof needed
-After, Snowden released documents proving surveillance