Judicial Power

Question 1

Source and Scope of Judicial Power

Answer 1

Article III governs the courts.

Jurisdiction in Federal Courts is limited to cases and controversies.

Question 2

Sovereignty

Answer 2

State and Federal Governments cannot be sued for monetary damages unless they give consent. [Example is 14th Amendment]

Note: The 11th Amendment Provides immunity to state and federal governments, NOT local governments.

State sovereignty implies sovereignty from the federal government (unless Congress legislates otherwise).

Instead: sue a state officer for injunctive relief (monetary relief available if officer is involved with a constitutional tort).

[Cannot receive damages from state treasuries.]

Question 3

Jurisdiction of the Supreme Court

Answer 3

Two Types:

1. Original - Case filed first in the Supreme Court (usually controversies between states).
2. Appellate: Can hear appeals from lower courts.

Congress may limit the appellate jurisdiction of the Supreme Court through legislation.

Rule: The Supreme Court may review a State Court decision only if the decision turned on federal grounds. If the decision rested on adequate and independent state grounds then no jurisdiction.

Question 4

Adequate and Independent State Grounds Rule

Answer 4

Rule: The U.S. Supreme Court can only review a state court decision if it turned on federal grounds. The Court has no jurisdiction if the judgment below rests on adequate and independent state ground(s).

Adequate: The state court grounds control the decision no matter how the federal court would have decided. (I.e. the federal claimant would win under both state and federal law).

Example: Plaintiff sues for illegal search and seizure under 14th Amendment. State court does not rule as to 14th Amendment, but finds a violation of right to privacy under state law.

Independent: The state law does not depend or hinge on an interpretation of federal law. If a state chooses to adopt a federal law then no AISG.

If state court decision is unclear as to ruling on either state or federal law, Supreme Court may review the federal law question. If it agrees with State Court’s decision on federal law, it affirms it. If it disagrees, it sends to state court for state court to reconsider state law.

Example: State ruled on illegal search and seizure, but cited both state and federal cases indiscriminately. Supreme Court ruled on federal issue and then remanded to State Court for their review of state law.

Question 5

Three Requirements to Sue

Answer 5

1. Injury
2. Causation
3. Redressability

Injury:

• Injury can be legislated.
• Must be concrete and particular.
• Mere ideological objection is not an injury.
• An organization has standing if its members have standing.

Causation:

• Defendant caused, or will cause, the injury.

Redressability:

• Court can remedy the injury.
• If injury is in the past, the remedy is damages. If it is in the future, the remedy is an injunction.
• Past injury does not automatically provide grounds for an injunction. Must prove that that injury will happen again.

Question 6

Taxpayers and Standing

Answer 6

Taxpayers always have standing to challenge their own tax liability. However, they do not have standing to challenge government expenditures.

[Government expenditures may be challenged if it is an issue involving the Establishment Clause.]

Question 7

Legislative Standing

Answer 7

Rule: Legislators do not have standing to challenge laws they voted against (treated as ideological objection).

A legislature (as the body) may have standing, but unclear when.

Question 8

Timeliness as a Requirement for Standing

Answer 8

Ripeness: A case cannot be heard prematurely. To be ripe, must show actual harm or an immediate threat of harm.

Mootness: Overripe cases are moot (controversy is not longer active).

Exception to Mootness: Controversies capable of repetition, yet evading review, are not moot. (Abortion cases).

Question 9

Advisory Opinions

Answer 9

Rule: Federal courts do not give advisory opinions. Federal courts cannot rule on the constitutionality of proposed legislation.

Question 10

Political Questions

Answer 10

Rule: Political questions are non-justiciable when it is inappropriate for judicial resolution. (Separation of Powers).

Consider:

• Does another branch have the priority to decide this decision?
• Are there manageable standards to adjudicate?

[Examples include foreign affairs, the Guarantee Clause, impeachment procedures, and political gerrymandering so long as it doesn’t violate equal protection.]

Question 11

Judicial Immunity

Answer 11

Judges have absolute immunity for all judicial acts, but may be liable for non-judicial acts (ex: employee discrimination).