Foundations of Judicial Authority

Question 1

U.S. Term Limits v. Thornton

Answer 1

Art. I Sec. 8 “Times, Places and Manner” clause is a grant of enumerated authority to the states

Question 2

Marbury v. Madison

Answer 2

The Court has judicial authority over the Legislature and the Executive to provide a definitive interpretation of the Constitution and order them to do things

Question 3

Cooper v. Aaron

Answer 3

Once the judiciary issues an interpretation of the Constitution, it becomes the supreme law of the land and is binding on the states under Art. VI

Question 4

Coleman v. Miller

Answer 4

Political Question Doctrine: Cases that should be decided outside of judicial competence:
1) Appropriateness of attributing finality to the political departments
2) Lack of satisfactory criteria for judicial determination

Question 5

Martin v. Hunter’s Lessee

Answer 5

Supreme Court has appellate jurisdiction over all cases concerning a federal question

Question 6

Ex Parte McCardle

Answer 6

Art. III “all cases” does not mean all cases when Congress exercises its constitutional right to limit the Supreme Court’s decisions

Question 7

Muskrat v. United States

Answer 7

Congress cannot create an Art. III case or controversy to achieve an advisory opinion from the Court

Question 8

When do plaintiffs have standing in federal court? (Lujan v. Defenders of Wildlife)

Answer 8

• Injury in fact (invasion of a legally protected interest created by Congress)
• Concrete and particularized, actual and imminent
• Causal connection between conduct and injury
• Injury is likely, and not just speculatively, redressable