Judicial Power

Question 1

Marbury v. Madison

Answer 1

The Court asserted the power to decide whether Marbury was entitled to a remedy for the infringement on his legally vested right.

Question 2

Martin v. Hunter’s Lessee

Answer 2

State court decisions dealing with federal law are appealable to the Supreme Court because the Court has the jurisdiction to hear all cases “arising under” the Constitution.

Question 3

Cooper v. Aaron

Answer 3

The Court’s decisions are not only binding on the litigants, but on the country as a whole. No government official may reject or ignore a decision of the Supreme Court.

Question 4

Baker v. Carr

Answer 4

A political question is one which:
Has a textually demonstrable commitment to a coordinate political branch, or
Does not have a judicially discoverable standard for resolving the issue
The Equal Protection violation asserted here (redistricting) did not give rise to a political question.

Question 5

Nixon v. US

Answer 5

Impeachment of a federal judge by the House; Senate used a committee to discover evidence.
Court found that this was a political question:
Textually demonstrable commitment - Legislature has sole power to “try” & “impeach”
No judicial resolution - practical difficulties

Question 6

Allen v. Wright

Answer 6

Segregated private schools given IRS subsidies.
Standing requires that there be (1) an injury in fact, (2) that the injury be fairly traceable to the defendant’s conduct, and (3) that the injury is likely to be redressed by a favorable decision

Question 7

Obstacles to Judicial Review

Answer 7

1) Political Question

2) Case or Controversy Requirement

Question 8

Lujan v. Defenders of Wildlife

Answer 8

The “citizen suit” provision in the Endangered Species Act allows any person to commence a civil suit to enjoin a government agency alleged to be in violation of the act.
However, still need to meet standing requirements.
Here, injury requirement was not meet because it was not an actual or imminent injury.