Foundations of Judicial Power

Question 1

Art 3 sub 1

Answer 1

vests judicial power in supreme court and inferior courts which congress can from time to time ordain and establish

Question 2

Art 3 sub 2

Answer 2

judicial power extends to defined cases and controversies (federal question jurisdiction)(national interests: US is a party, ambassador, state is a party)(diversity jurisdiction)

Question 3

Two types of Jurisdiction in SC

Answer 3

Two types of jurisdiction of Supreme Court: original (supreme court hears) (ambassadors, public ministers, state is a party) and appellate (all other than listed above with exceptions and regulations of Congress)

Question 4

Marbury v. Madison

Answer 4

Issue: Can judiciary compel executive to take action? Sometimes (as long as specific duty owed to individual) but discretionary/political acts are not judicially examinable

They say they dont have SMJ (basically) because it should go to lower court first

Analysis: Constitution creates meaningful limits

Judicial Review: essence of judicial duty is to declare what the law is / jurisdiction extends to cases arising under constitution, judge takes oath to uphold constitution and they must abide by it, Supremacy Clause: laws following constitution

Question 5

Hayburn’s Case

Answer 5

Supreme court to order circuit court to determine veteran’s disability pay( by Attorney General) Supreme refused, while pending Congress enacted and President signed making the case moot

Question 6

Chisolm v. Georgia

Answer 6

SC considered whether a citizen of another state could sue a state in federal court (Georgia holding was that you could)

Constitution says judicial power should extend to controversies between states and citizens of another state & If states had immunity from suits filed by citizens it would be incompatible with popular sovereignty

Eleventh Amendment overturned courts holding (despite original text of Article 3)