Judicial Power

Question 1

Supremacy Clause

Answer 1

Under Article VI Sec. 2, federal judiciary has the power to review state actions

Question 2

11th Amendment

Answer 2

Jurisdictional bar that prohibits the citizens of one state from suing another state in federal court

Question 3

Exceptions to 11th Amendment

Answer 3

1) Consent
2) Injunctive Relief
3) Damages to be paid by an individual (state officer not prohibited so long as the officer himself has to pay)
4) Prospective Damages
5) Congressional Authorization

Question 4

Not barred by 11th Amendment

Answer 4

1) Actions against local gov
2) Actions by US gov or other state gov (P is US or another state)
3) Doesn’t bar actions of bankruptcy court

Question 5

Article III Sec. 2

Answer 5

Gives Supreme Court original jurisdiction over all cases affecting ambassadors, other public ministers and consuls and those in which a State shall be a party.

Question 6

Plaintiff’s standing to be heard in federal court

Answer 6

1) Injury in fact
2) Causation (D must have caused injury by violating constitution or federal right)
3) Redressability ( relief must prevent or redress the injury)

Question 7

Taxpayer standing

Answer 7

Always has standing to challenge their own tax bill. No standing to challenge gov’s allocation of funds.

Does have standing to challenge gov expenditures as violating the Establishment clause.

Question 8

Third party standing

Answer 8

Generally, no standing to bring suit for third p.

Question 9

Organization Standing

Answer 9

Can bring action on behalf o fits members if:

1) its members would have standing to sue int heir own right
2) The interests at stake are germane to the org’s purpose

Question 10

Parental Standing

Answer 10

OK if child is a minor. After divorce, action may be limited to only one of the child’s parents.

Question 11

Assignee Standing

Answer 11

Has standing to enforce rights of an assignor

Question 12

Citizenship Standing

Answer 12

No standing just because you’re a citizen, but can bring action against gov to compel adherence to a specific federal statute.

Question 13

Legislator’s standing

Answer 13

No standing to challenge a statute they originally voted against

Question 14

Timeliness

Answer 14

action brought too soon = not ripe

action brought too late = moot

Question 15

Advisory Opinions

Answer 15

Fed court may not render advisory opinions on the basis of an abstract of hypothetical dispute. Needs real case/controversy

Question 16

Declaratory Judgments

Answer 16

Fed courts can issue, but the challenged action must pose a real and immediate danger to a party’s interest for there to be an actual dispute.

Question 17

Political Questions

Answer 17

Fed Court will not rule on a matter in controversy if the matter is apolitical question to be resolved by one or both of the other two branches of gov

Question 18

Abstention

Answer 18

Fed Court can abstain from deciding a claim when strong state interests are at stake.