Judicial Review

Question 1

President promises Secretary that he will appoint him to the next vacant judgeship in his administration. When the vacancy opens, it is that of the Chief Justice of the United States. President decides to appoint Senator instead to become Chief Justice. Secretary sues in federal court claiming that the President promised him the next vacancy. A reviewing court should find for:

Answer 1

President, because the Constitution gives the President the power to make appointments in his discretion, and exercise of that discretion is not reviewable by the court.

Question 2

To deal with increasingly complex intellectual property questions, Congress established a specialized court and required that all statutorily defined “intellectual property” cases be filed there exclusively. Appeals are taken to a special intellectual property court of appeals and may, from there, be appealed to the U.S. Supreme Court. Is such an arrangement constitutional?

Answer 2

Yes, because Congress may set the jurisdiction of inferior courts it creates.

Question 3

What provides a textual basis for federal judges to invalidate statutes that violate the Constitution?

Answer 3

The Article III Arising Under Clause; The Article III Vesting Clause; The Article VI Oath Clause