Constitutional Law Midterm 1 Flashcards
Federal District Court (characteristics)
Most cases start and end here. Plaintiff v. Defendant 94 in our country (closest in Sac) ~680 judges nationwide Also exist in US territories No discretion over caseload (must hear case) Court of first impression
How is the American judicial system structured generally?
We have a dual court system (state & federal). 3 tiers of federal government (federal district courts, circuit court of appeals, US Supreme Court).
Circuit Court of Appeals (characteristics)
California in 9th circuit (28 judges) Appellant v. Respondent (appellee) Appellant (lost @ district court) Respondent (winner @ district court) Hears appeals (only appellate jurisdiction) Error correction 3 judge panel Submitted on brief cases
US Supreme Court (characteristics)
Highest federal court
Only court created by the Constitution
Other courts created by Congress
9 judges (appointed for life by president)
Holds original & appellate jurisdiction
Can file original jurisdiction when cases deal w/ foreign diplomats
Can be stripped of jurisdiction
Decide ~80-90 cases per year. They boot the rest. Must hear original jurisdiction cases but there aren’t many.
Members each have 4 attorneys who work for them.
Only decides cases from Oct-Jun
Stripping jurisdiction
Congress says US Supreme Court can’t hear certain types of cases (flag burning) by passing a law. Constitution permits this.
Justices of the US Supreme Court (9)
Liberal (Sotomayer, Ginsberg, Kegan, Breyer)
Middle (Kennedy)
Conservative (Scalia, Thomas, Chief Roberts, Alito)
Original v. Appellate Jurisdiction
Can file original jurisdiction when cases deal with foreign diplomats and across state lines.
Can file an appeal when appellant thinks that there was an error during trial.
How do cases get to the US Supreme Court?
1.) File federal or diversity and citizenship question –> Federal
District Court –> Federal Circuit Court –> Petition for Writ of Cert. (Rule of 4) –> US Supreme Court
- ) Original jurisdiction –> US Supreme Court
- ) State Trial Court –> State Court of Appeals –> State Supreme Court –> federal question –> petition for writ of cert. (Rule of 4) –> US Supreme Court.
- ) State Trial Court –> writ of habeus corpus –> Federal District Court –> Federal District Court –> petition for writ of cert. (Rule of 4) –> US Supreme Court.
What is the process for amending the US Constitution? (2 ways)
1.) Go to Congress
Must get a 2/3rds vote from House & Senate
3/4ths vote from states (legislature or convention)
21st Amendment authorizes this
2.) States call a Constitutional Convention (never been done)
Must get a 2/3rds vote among states
Must get a 3/4ths vote from states (legislature or convention)
What is judicial review, and in which case did the US Supreme Court first use it?
Marbury v. Madison (1803)
Judicial review is the court’s power to declare a law constitutional can be performed by any court. US Supreme Court has the final say.
What are the facts of Marbury v. Madison?
Marbury had been appointed justice of the peace by President Adams right before President Jefferson was an anti-Federalist (Jeffersonian-Republican). James Madison was Jefferson’s Secretary of State (later 4th US Pres.). John Marshall was Adam’s Secretary of State and USSC justice. Adams and Jefferson were cousins. Adams wanted to stack the court w/ Federalists. Marbury was a Federalist. Marshall’s job was to deliver the commissions but fails to complete his delivery. He left rest of commissions for Madison to deliver but Madison failed to do so (b/c they were all Federalists).
John Marshall’s Dilemma (Marbury v. Madison)
Couldn’t tell Pres. Jefferson to order Madison to deliver the commission to Marbury b/c Jefferson would refuse. Marbury filed for a writ of mandamus with the US Supreme Court. Couldn’t do that b/c didn’t meet the 2 requirements to do so. Relied on Judiciary Act of 1789.
How can Congress and the President frustrate or prevent compliance with the US Supreme Court rulings?
Congress can pass a constitutional amendment. President can veto laws. Congress and President can deny funding.
What are the facts of Martin v. Hunter’s Leesee?
The state of Virginia granted the same tract of land to the Appellee (Hunter), that a federal treaty gave to the Appellant (Martin). The US Supreme Court declared the Appellant was so entitled, but the Virginia Court of Appeals, to which the case was remanded, refused to carry out the US Supreme Court’s judgment.
Does the US Supreme Court have jurisdiction over state Supreme Court decisions?
Yes. Neither Congress nor the Constitution say that the USSC can’t hear state Supreme Court cases. USSC has jurisdiction over all appellate cases, a power given by the US Constitution. Article VI of the Constitution says that “[the] Constitution and the laws of the United States…made in pursuance thereof…shall be the supreme law of the land; and the judges in every state shall be bound thereby…” The very nature of state court judges’ judicial duties indicates that such judges are to decide cases not only in accordance with state law, but also in accordance with the Constitution.
What is the state ground doctrine?
State courts have jurisdiction if they rely only on state law in their reasoning. Only applies when state law is (1) “adequate” to support the judgment, and (2) “independent” of federal law. Federal court won’t step in. US Supreme Court can’t review the case.
What is the federal question doctrine?
The subject-matter jurisdiction of the United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party. USSC will only review federal questions.
What is a court’s jurisdiction?
The official power to make legal decisions and judgments.
What does it mean for a party to have standing to bring a lawsuit?
The legal right to bring a lawsuit.
There are 3 standing requirements:
1.) Constitutional Standing - (ex: Flast v. Cohen)
Injury: The plaintiff must have suffered or imminently will suffer injury–an invasion of a legally protected interest that is concrete and particularized. The injury must be actual or imminent, distinct and palpable, not abstract. This injury could be economic as well as non-economic.
Causation: There must be a casual connection b/t the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
Redresability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
2.) Prudential Standing
3.) Statutory Standing (required by Congress)
According to the Supreme Court in Flast v. Cohen, what is the 2-prong standard for granting standing to federal taxpayers wanting to challenge how congress is spending tax revenue?
- ) Measure challenged enacted under congress taxing and spending power.
- ) The challenged measure must violate a specific limitation of that taxing and spending power (1st Amendment). Religion portion.
What was the government’s argument in Flast v. Cohen for why taxpayers shouldn’t have standing?
A floodgate of litigation would be opened because taxpayers would constantly sue the government. The constitutional scheme of separation of powers, and the deference owed by the federal judiciary to the other two branches of government within that scheme, present an absolute bar to the taxpayer suits challenging the validity of federal spending programs. The Government views that such suits as involving no more than the mere disagreement by the taxpayer “with the uses to which tax money is put.” The resolution of such disagreements is committed to other branches of the Federal Government and not to the judiciary. Under no circumstances, should standing be conferred on federal taxpayers to challenge a federal taxing or spending program.
What were the facts of Lujan v. Defenders of Wildlife?
Government ceased funding to overseas efforts to protect an endangered species.
According to the Supreme Court in Lujan, what is the 3-prong test for standing in regular cases?
Injury in fact
Causation
Redressability
Injury in fact (3-prong test for standing)
The plaintiff must have suffered or imminently will suffer injury–an invasion of legally protected interest that is concrete and particularized. The injury must be actual or imminent, distinct and palpable, not abstract. The injury could be economic as well as non-economic.
Causation (3-prong test for standing)
There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
Redressability (3-prong test for standing)
It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
Did the parties have standing to bring their lawsuit in Lujan? Why or why not?
No; Defenders did not have standing.
Injury in fact? No; not personal enough b/c overseas effort.
Causation? Scalia did not address this.
Redressability? No; the court cannot provide a remedy.
What is the ripeness doctrine?
Timing issue. Opposite of mootness doctrine. Cannot bring the case too early. Have to wait for cause of action and injury to bring the case to the USSC. USSC will not hear hypothetical cases. Example: Poe v. Ullman. Test cases result from ripeness issues because ripeness requires an arrest prior to bringing a case to court.
What is the mootness doctrine?
Timing issue. Events have resolved themselves eliminating any controversy. The defendant has the burden of proof to prove mootness.
Exception to the mootness doctrine
US Supreme Court will hear the case. Capable of repeating (pregnancy & employment). Collateral consequences (convicted felons damaged reputation & revoked voting rights).
Explain the requirement that there be adverseness in a court case
To be fair. In the adversarial system, the parties to a controversy developed and present their arguments, gather and submit evidence, call and question witnesses, and, within the confines of certain rules, control the process. The fact finder, usually a judge or jury, remains neutral and passive throughout the proceeding. The court will not decide hypothetical cases. There must be an actual controversy or cause of action at issue.
What is the political question doctrine?
The court will not decide political questions. Reasons: separation of powers, lack of standards, need for final decision, question is something another branch (executive) should decide. They will also not decide hypothetical cases.
What is the 2 presidencies theory?
Domestic and foreign affairs. President has more power in foreign affairs matters. Congress gives the President his powers.
Expressed powers of the president?
Article II of the US Constitution discusses executive branch and lists the formal powers of the President.
Express powers of the President stated in US Constitution (5): Veto or sign a bill, appointments to office, grant pardons, call emergency sessions of congress, State of the Union Address.
Implied powers of the President?
Implied powers are powers President possesses but are not formally expressed in the US Constitution. Usually just tradition for the President to have those powers.
In Marbury v. Madison, did the US Supreme Court have the jurisdiction to issue a writ of mandamus? Why or why not?
Does Marbury have a right to his Commission? Yes; because of the requirement of sealing.
If so, does the law provide him a remedy? Yes; political acts v. questions of law (courts only decide questions of law).
If so, is it a writ of Mandamus from the Court? Congress and Constitution differ. Marshall decides the USSC gets to declare laws unconstitutional. Judiciary Act of 1789 is unconstitutional/void. Writ of Mandamus not granted. Congress went about amending the Constitution the wrong way making Judiciary Act void. No right to Commission. Congress created Judiciary Act.
How can Congress and the President frustrate or prevent compliance with the US Supreme Court rulings?
Congress can pass a constitutional amendment. President can veto laws.
What are the facts of Martin v. Hunter’s Leesee?
The state of Virginia granted the same tract of land to the the Appellee (Hunter), that a federal treaty give to the Appellant (Martin). The US Supreme Court declared the Appellant was so entitled, but the Virginia Court of Appeals, to which the case was remanded, refused to carry out the US Supreme Court’s judgment.
Does the US Supreme Court have jurisdiction over state supreme court decisions?
Yes. Neither Congress nor the Constitution say that USSC can’t hear state supreme court cases. USSC has jurisdiction over all appellate cases, a power given by the US Constitution. Article VI of the Constitution says that “[the] Constitution and the laws of the United States…made in pursuance thereof…shall be the supreme law of the land; and the judges in every state shall be bound thereby…” The very nature of state court judges’ judicial duties indicates that such judges are to decide cases not only in accordance with state law, but also in accordance with the Constitution.
What is the state ground doctrine?
State courts have jurisdiction if they rely only on state law in their reasoning. Only applies when state law is (1) “adequate” to support the judgment, and (2) “independent” of federal law. Federal court won’t step in. US Supreme Court can’t review the case.
What is the federal question doctrine?
The subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.
What is a court’s jurisdiction?
The official power to make legal decisions and judgments.
What does it mean for a party to have standing to bring a lawsuit?
1.) There are three standing requirements: (Constitutional Standing)
Injury: The plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is concrete and particularized. The injury must be actual or imminent, distinct and palpable, not abstract. This injury could be economic as well as non-economic.
Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
2.) Prudential Standing
3.) Statutory Standing (required by Congress)
What are the facts of US v. Curtiss-Wright Corp. (1936)?
1934 Joint Resolution: Executive order - arms embargo. President Roosevelt was President at the time. Paraguay and Bolivia were at war. Curtiss-Wright Corporation made machine guns and were selling them to Bolivia. President Carter was trying to get hostage Americans out of the US Embassy in Iran. International Emergency Economic Powers Act. Iranian $$ was frozen in US banks. Pres. wanted to control all Iranian assets in the US. Contract dispute b/t Dames & Moore and Iran for $3 million. Algiers Accord –> Pres. terminates Iranian litigation in US Courts. Iran cannot be sued. Nullified ct. attachments & ordered transfer of assetts, if Iran let the Americans go. Jan. 1981, Pres. issues the executive order to do these things. Hostages released.
