Judical Review Flashcards
Source of power
Courts power is in Supreme Court.
Congress can create lower courts.
Scope of federal judicial power
- Constitutional questions
- Treaties, admiralty and maritime
- Case involving ambassador, public ministers and consuls
- Case where USA is a party
- Case between two states
- Case between state and citizens
- Case between citizens of different states.
11th amendment limits
Citizens cannot sue a state (theirs or another) wo state’s consent.
Applies to federal questions and diversity suits.
* but congress can authorize suits by citizens against states for violations for 13, 14, 15th As.
Exceptions to 11th A immunity.
Congress can authorize suits by citizens against states for violations of 13, 14, 15th As.
Can’t sue state official, but can get injunction.
-State must expressly and unequivocally waive 11th A immunity.
Case or controversy
Real and substantial dispute that effects the parties and can be resolved by judicial decree.
Advisory opinions
Prohibited to give advisory opinions, but can give declaratory judgements.
Declaratory judgment
SC determines legality of proposed conduct without awarding damages.
Ripeness
SC will not hear claims before they have fully developed.
P must have suffered injury or face imminent injury.
Mootness
SC will not hear a Case where controversy has already been resolved unless injury is “capable of repetition yet evading review.”
State law review
SC will not hear if there are undecided issues of state law.
* But SC will intervene if there is bad faith harassment of a criminal.
Standing
Plaintiff must have actual or imminent direct and personal injury and that he will benefit from remedy sought.
* Taxpayers do not have standing.
Third party complainants
Generally TP does not have standing.
* But can bring claim where special relationship exists or injured party cannot bring claim on its own.
Association standing
Can bring claim of members if:
- members could bring claim individually,
- interest is germane to associations purpose, and
- member participation in suit is not needed to remedy problem.
Political questions
An issue assigned to another branch of government by the Constitution or incapable of judicial review.
RAMPS
Exceptions to judicial review: Ripeness Advisory opinions Political questions Standing
State law review
SC will only review state law in line with what state would or did already decide.
Will defer to state if unclear.
* But will review law for violation of federal law or federal constitution.
Certiorari
Conflict between 1. different appeals courts, 2. high courts of two states, 3. high state court and appeals court, or 1. cases from high state, or 2. appeals involving important unresolved issues.
Adequate state grounds
SC will not review if federal Q can be resolved on adequate state grounds.
Ie the state opinion was based on state law.
Applies only to SC, not appeals. Applies to procedural DP too.
Supremacy clause
Federal law supersedes any state law where there is a direct conflict.
* But if congress did not preempt the entire field, state can regulate what federal didn’t.
States can enact stricter laws.
States can’t regulate fed agents if it will interfere with fed ability to carry out federal function.
Contract clause
No state shall pass a law impairing the obligation of contract.
* does not apply to fed regs or state court decisions.
K can be modified when it is necessary to serve an important and legitimate public interest and means is reasonable and narrowly tailored.
Ex post facto laws
State and federal cant pass them. Include:
- Make criminal act that was not a crime when committed.
- Increases the punishment after crime committed.
- Decreases amount of evidence need to convicted
- Extends SOL for crime that had already expired.
Bill of attainder
Legislative act that inflicts punishment without a trial upon named individuals for past conduct.
* Prohibited.
