Federal Judicial Power

Question 1

Court declared it has the power of judicial review of FEDERAL Executive and Legislative actions.

Answer 1

Marbury v. Madison

Question 2

Constitution is the Supreme Law of the Land and the Court has the final authority of their interpretation of the Constitution. Judiciary is least dangerous branch bc holding is contingent on other branches enforcing Court’s opinion.

Answer 2

Cooper v. Aaron

Question 3

State court holding is reviewable by SCOTUS bc Constitution created it and gave it authority to establish lower courts, otherwise it would have no power at all.

Answer 3

Martin v. Hunter’s Lessee

Question 4

2A guarantees individual right to possess and carry weapons in case of confrontation, but not an unlimited right. Unsettled on the SOR, but it is higher than RBR. Scalia’s original-meaning inquired into how contemporaries understood a right, and how they expressed it - looked at contemporaneous state constitutions, legal scholars (not at legislative history)

Answer 4

DC v. Heller

Question 5

Topics are off limits if it involves issues that’s almost exclusively within authority of Fed. SC use doctrine to maintain legitimacy and minimizes judicial intrusions into other branches (separation of power)

Answer 5

Political Question Doctrine (Baker v. Carr)

Question 6

Impeachment procedures are within the authority of the Senate and is non-justiciable, unless the procedure threatens the integrity of the proceeding

Answer 6

Nixon v. US

Question 7

When the Constitution is silent on whether the House may exclude a member, then it is a justiciable issue and could be heard by the court.

Answer 7

Powell v. McCormack

Question 8

Foreign treaties are non-justiciable.

Answer 8

Goldwater v. Carter

Question 9

Statute passed stating that persons born in Jerusalem could list their country as Israel is a justiciable issue.

Answer 9

Zivotofsky v. Clinton