Judicial Review and Limitations on Judicial Review

Judicial Review: A federal court may hear a case only if it involves a case or controversy under Article III on the constitution Article III of the Constitution establishes Federal courts

Original Jurisdiction of the Supreme Court (Multiple Choice) The Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers and Consuls, and those in which a State is a party

Appellate Jurisdiction of the Supreme Court The Supreme Court has appellate jurisdiction in all other cases, with exceptions and regulations as Congress shall make

Ways to Appeal to the Supreme Court (Multiple Choice) Two Ways: (1) Mandatory Appeal as of right only from decisions of three-judge federal courts; and (2) Discretionary Appeal, in all other cases arising in lower federal courts, as well as all cases arising in state court (Writ of certiorari)

Supreme Courts power of Judicial Review Marbury v. Madison: Established the power of judicial review over the Executive and Legislative branches of the federal government As long as a federal question is present, the Court may review civil and criminal cases from state courts

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Limitations on Judicial Review Federal Courts may not issue advisory opinions (Multiple Choice) o These are not within the Article III definition of a case or controversy Political Questions are non-justiciable o Two Kinds of Political Questions (1) Political questions that the Constitution says are to be decided by congress or the President Expulsion of a member of Congress Procedures for Impeachment Presidents power to terminate a treaty

(2) Political Questions that are Too hot to handle Lack of Judicially discoverable or manageable standards Need for an initial policy decision by another branch Deference for decisions of another branch Need to adhere to political decision already made Potential embarrassment from multiple pronouncements

Qualifications Clauses o Neither Congress nor a state may add requirements to the list of qualifications for members of Congress contained in the Constitution

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Adequate and Independent State Grounds o If the state court decision is solely based on state law, and the U.S. Supreme Court cannot change the result, it will not take the case (1) Has the highest appellate court of a state ruled on the case? (2) Does the case involve questions of both federal and state law? (3) Can the Supreme Court change the result of the case by ruling on the federal question?

o State Constitution confers greater protection than the Federal Constitution? This is a frequent scenario in the adequate and independent state grounds area because the Supreme Court cannot change the result in the case

Ripeness: Has anyone suffered actual or threatened harm as a result of government action?

Standing: Has the plaintiff suffered an actual or threatened injury as a result of government action?

Mootness: A case or controversy must exist throughout the entire litigation process Exceptions to Mootness (Multiple Choice) Capable of Repetition, Yet evading review Voluntary cessation of illegal activity Collateral Consequences 3 of 4

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o Some claims contain collateral issues that will continue to affect a litigant even though the main issues have been resolved SOURCES OF AND LIMITATIONS ON CONGRESSIONAL POWER Congress has no power to pass laws for the General Welfare Congress has the following main enumerated powers: Art 1. 8 o Power to tax o Power to spend for the general welfare o Power to regulate commerce among the states, with other countries, and with Indian tribes o Power to regulate immigration and naturalization o Power to pass uniform laws dealing with bankruptcy o Power to coin money o Power to establish the postal service o Power to set up a copyright system o Power to set up federal courts o Power to declare war o Power to raise and maintain armies o Power to regulate and dispose of federal property o Power to acquire private property for a public use o Power to pass regulations for the district of Columbia

Necessary and Proper Clause: o Congress has the power to pass laws for itself or any other branch or officer of the federal government. Congress may choose any reasonable means to carry out some power of government. The Necessary and Proper Clause cannot be used itself as a source of power.

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