General Flashcards
“In all federal cases, in which a State shall be a party, the SC shall have original jx”
Article 3, Section 2, Clause 2
T/F
Article 3, Section 2, Clause 2 require that the SC have exclusive original jx over all matters in which a state is a party
False
Congress can allow certain suits where the state is a party to b filed in ___ without violating ____
federal district courts
the constitution
In ordeer for an opinion to not be advisory, there must be ____ & ____
an actual dispute between adverse litigants
a substantial likelihood that a federal court decision in favor of a claimant will bring about some change or have some effect.
Justice Marshall emphizied in Marbury that is the ____ and duty of the ____ branch to say ____
province
judicial
what the law is
T/F
It is the role of executive officials to review court decisions for accuracy
False
This is the role of the judicial branch. Legislation that allows for review by the executive branch violates the principle of separation of powers
Injury must be ___ & ___
actual and imminent
“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”
Article 1, sec. 8, cl. 3
What are the three broad categories of activity that Congress may regulate under the Commerce Clause?.
(1) The power to regulate the use of CHANNELS of interstate commerce such as waterways or highways;
(2) The power to regulate the INSTRUMENTALITIES of interstate commerce such as airplanes or trucks; and
(3) The power to regulate those activities that SUBSTANTIALLY AFFECT interstate commerce
What constitutes as a “channel”?
Highways, waterways, airways
What constitutes as “instrumentalities”?
Airplanes, trucks, boats