JUDICIAL REVIEW Flashcards
Definition of Judicial Review
The doctrine that the Supreme Court has the authority to review the actions of the legislative and executive branches to determine their constitutionality.
(constitution does not explicitly state that the Sup Court may do this)
Marbury v Madison
R - Supreme Court has the power, under the Supremacy Clause, to declare what the law is.
The Constitution is law and it is the duty of the judiciary to declare what the law is.
Any law repugnant to the Constitution is void.
Supremacy Clause
Article VI. Sec 2: the Constitution and the Laws of the US . . . shall be the supreme Law of the land.
(mmust prevail over any conflicting state law)
What is the source of judicial power?
Article III. Sec. 1. The judicial Power of the US shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish.
Federal judicial power defined
Article III Sec. 2. the judicial Power shall extend to all “cases and controversies”, in law and equity:
- arising under this Constitution, US laws, or US treaties
- to all cases affectig Ambassadors . . .
- to all cases of admiralty . .
- to which US is a party
- b/t 2 or more states
- b/t state and citizens of another state
- b/t citizens of different states
- b/t citizens of same state claiming lands under the grants of different states
- b/t state or citizens thereof, and foreign states, citizens or subjects.
Types of Supreme Court Jurisdiction?
Original - as defined by Art III. cannot be enlarged or diminished by Congress.
Appellate - Vested by Art III subject to congressional exceptions. (subject to limitations arising from separation of powers and constitutional rights)
Constitutional limitations on Judicial Review?
cases and controversies or prudetial limitations
Martin v Hunter’s Lessee
F - Martin brought appeal from state court decision re VA state law federal ati-confiscation treaty
R - SCOTUS has appellate power over state courts on matters that are pending under federal law.
Cohens v VA
supplements Martin v Hunter’s Lessee
R - no difference b/t civil and criminal actions if question of federal law; SCOTUS can review both.
What is the political question doctrine?
prohibits federal courts from hearing political questions b/c they are not justiciable. 3 categories that are NOT justiciable:
- provisions of the constitution textually delegate decision making to other branch of govt.
- lack of judicially manageable standards (other branches more suited to resolve the issue)
- prudential (not prohibited, but going to exercise prudence)
Nixon v US
F - DC judge impeached by Senate.
R - Impeachment nonjusticiable political question b/c constitution gives power of interpretation to legislature.
Gilligan v Morgan
F - Kent state students Ct instructed to evaluate Nat’l Guard training.
R - not justiciable b/c judicially manageable standards are lacking (control over military action given to other branch of govt)
Pac States v OR
F - challenged tax b/c democratic, not republic, form of govt.
R - Art IV provides that the US shall guarantee to every State in the Union a Republican Formm of Got - Guaranty Clause is a political question for Congress
What is the Rule of Four?
4 justices must vote in order for case to be heard (whether it arrived by writ of certiorari or by appeal)
Certiorari
A discretionary writ that permits the court to decide for itself which cases most desire its attention.
Denial of Write has no implications that Court agrees with previous ruling.
