Authority For And Limitations On Judicial Review

Question 1

Martin v. Hunter’s Lessee (1816)

Answer 1

The Supreme court has jurisdiction to review and overturn state judgments in civil cases.

• Policy considerations: prejudice and uniformity

Question 2

Cohens v. Virginia (1821)

Answer 2

The Supreme Court has jurisdiction to review the validity of state laws in criminal proceedings.

• Policy considerations: judicial independence

Question 3

Cooper v. Aaron (1958)

Answer 3

The Court has the sole authority to determine what is constitutional and its decisions are binding on the states.

Question 4

Dickerson v. United States (2000)

Answer 4

Congress can not alter or set aside the court’s constitutional decisions.

• Miranda was a constitutional case

Question 5

Constitutional Interpretation

Answer 5

• Originalism
• Textualism
• Structural
• Intent
• Non-originalism- Living constitution

Question 6

4 Canons of Interpretation

Answer 6

1) Avoid Constitutional conflict if possible
2) If not, keep it narrow
3) If possible or in doubt, harmonize and uphold
4) Sever and Strike down only as a last resort

Question 7

Avoidance principles

Answer 7

• Do not decide a friendly, non-adversarial case
• decide only when necessary
• decide narrowly on facts
• decide on non-constitutional grounds if possible

Question 8

Sources of Constitutional Law

Answer 8

1) Text
2) Intent
3) Precedent
4) History, Tradition or Experience
5) Social Structure
6) Disfavored: natural law and personal values

Question 9

Marbury v. Madison

Answer 9

Establishes judicial review:

1) The constitution binds all of the federal government
2) It is enforceable by the court
3) The judiciary’s constitutional interpretation is binding on all other parts of the government