Judicial Review

Question 1

What is the rule from Marbury v. Madison?

Answer 1

SCOTUS has the ability to exercise Judicial Review.

Question 2

What is the rule from Martin v. Hunter’s Lessee?

Answer 2

SCOTUS has the power to exercise appellate review of state court decisions.

Question 3

What is the rule from Lujan v. Defenders of Wildlife?

Answer 3

A generalized grievance suffered by all is not sufficiently concrete to grant standing to sue the Government.

Question 4

What is the rule from Massachusetts v. Environmental Protection Agency?

Answer 4

Because states cannot sue other states, the requirements to get standing when suing a regulatory for not enforcing regulatory provisions are reduced.

Question 5

What is the rule from TransUnion LLC v. Ramirez?

Answer 5

Article III requires a concrete injury even if a statutory violation has occured.

Question 6

What is the rule from Padilla v. Hanft?

Answer 6

A Writ of Certiorari should be denied when the petitioner will receive no benefit from a finding in their favor.

Question 7

What is the rule from Baker v. Carr?

Answer 7

A challenge to gerrymandering brought under the Equal Protection Clause is not a political question and is therefore justiciable.

Question 8

What are the six Baker factors?

Answer 8

1. A textually demonstrable constitutional commitment to another branch.
2. A lack of judicially discoverable and manageable standards for resolving the issue.
3. An impossibility of deciding the issue without making an initial policy determination of a kind not suitable for judicial discretion.
4. A lack of respect for the other branches of government in undertaking independent resolution of the case.
5. An unusual need for unquestioning adherence to a political decision already made.
6. The potential for embarrassment for differing pronouncements of the issue by different branches of government..

Question 9

What is the rule of McCulloch v. Maryland?

Answer 9

The Constitution specifically delegates to Congress the power to tax and spend for the general welfare, and to make such other laws as it deems necessary and proper to carry out its enumerated powers. Also, federal laws are supreme and states may not pass laws that interfere with or otherwise impede the federal government’s exercise of its constitutional powers.

Question 10

What is the rule of United States v. Comstock?

Answer 10

Under the Necessary and Proper Clause, Congress has the authority to enact a law that allows civil commitment of mentally ill, sexually dangerous federal inmates beyond the end of the prisoners’ criminal statute.

Question 11

What are the three elements of Standing?

Answer 11

1. Injury
2. Causation
3. Redressability

Question 12

What does it mean for an issue to be ripe?

Answer 12

An issue is ripe once it has occurred.

Question 13

What does it mean for an issue to be moot?

Answer 13

If at any point, the outcome of the case no longer matters, the case becomes rendered moot (and therefore nonjusticiable).

Question 14

What is required for the injury element of Standing?

Answer 14

An injury must be an actual or threatened injury.

Question 15

Can any threatened injury be used to gain Standing?

Answer 15

No, a threatened injury must be certainly impending to constitute injury in fact.

Question 16

What is necessary for an actual injury?

Answer 16

The injury must be concrete and personally suffered.

Question 17

What does it mean for an injury to be concrete?

Answer 17

The injury cannot be a generalized injury suffered by all.

Question 18

What does it mean for an injury to be personally suffered?

Answer 18

You cannot satisfy the element of Injury using injury suffered by someone else.

Question 19

What kinds of injuries are sufficient to satisfy the element of Injury?

Answer 19

1. Injuries to Common Law Rights
2. Injuries to Constitutional Rights
3. Injuries to Statutory Rights

Question 20

What is required to satisfy the element of Causation?

Answer 20

The plaintiff must allege that the defendant’s conduct caused the harm.

Question 21

What is required to satisfy the element of Redressability?

Answer 21

The plaintiff must allege that a favorable court decision is likely to remedy the issue.

Question 22

What are some exceptions to the Mootness Doctrine?

Answer 22

Wrongs capable of repetition yet evading review (e.g., pregnancy in Roe v. Wade)

When the defendant voluntarily ceases the wrongdoing.

Question 23

What is the rule from U.S. Term Limits, Inc. v. Thornton?

Answer 23

The requirements for membership in the United States Congress are established by the Qualifications Clause of the United States Constitution and may not be amended by individual states.