Federal Judicial Powers Flashcards
Article III Section 1
US Judicial power is vested in one supreme court; Congress has the power to create inferior courts; Good behavior clause - Supreme Court Justices serve for life, unless convicted of some high crim
Article III Section 2
Supreme Court has original jurisdiction over cases where the US is a party, ambassadors, admiralties, between two states, or between citizens of two states (Diversity Juridisdiction)
Judicial Review
The Supreme Court has the authority to review federal laws and legislative acts to determine whether they comply with the Constitution (Marbury)
Marbury v. Madison
The Supreme Court only has original jurisdiction in instances listed in the Constitution. When Congress passes legislation that directly conflicts with the Constitution, the Supreme Court has the power to exercise Judicial Review and declare whether the legislation is unconstitutional
Martin v. Hunter’s Lessee’s
The Supreme Court has appellate review power over decisions by state courts that interpret federal law or the Constitution so that the law applies consistently across states.
Land dispute, where VA state court rejected the SCT’s reversal stating that the judiciary act (giving SCT appellate review over state-court decisions) was unconstitutional.
Cohens v. Virginia
Having a State be a party in a lawsuit does not immunize the case from SCT appellate review
State of VA was a party in a criminal case; claimed SCT did not have appellate review power.
Cooper v. Aaron
The decisions of the SCT and its interpretation of the Constitution are the Supreme Law of the Land and is binding on all state officials and legislatures.
Governor of AK tried to ignore SCT rule on desegregating schools
Is the SCT interpretation of the Constitution binding on all state officials and legislatures?
Yes. Cooper v. Aaron
Can the Supreme Court review cases in which States are a party?
Yes. Cohens v. Virginia.
Can the Supreme Court review state court decisions?
Yes. Martin v. Hunter’s Lessee
