Judicial Review

Question 1

What powers do the States and Federal government have?

Answer 1

States: General police power
- Health, safety, welfare, any laws they felt necessary
- Originally, no limits unless state constitution

Federal: Limited to enumerated powers
- Congress can only legislate according to these powers (A1S8)
- The congress shall have power to enforce by appropriate legislation the provisions of this article (XIV)

Question 2

Judicial power limited to CASES AND CONTROVERSIES “arising under”:

Answer 2

1. This constitution
2. Laws of the U.S.
3. Treaties
4. Ambassadors, public ministers and consuls. [Foreign]
5. Admiralty and maritime jurisdiction.

Question 3

Marbury v. Madison Maxims

Answer 3

Maxims
1. Province and duty of judiciary to say what the law is
2. Applying the rule to particular cases necessitates expounding and interpreting that rule
3. If two laws conflict, the courts must decide on the operation of each.

Therefore, the Judiciary may review the constitutionality of laws.

Question 4

D. Judicial Review of State Laws by Federal Court
Fletcher v. Peck :

Answer 4

• Georgia statute repealing previous land grants was found unconstitutional
  R: Federal courts have authority to determine if state law is inconsistent with federal law

Question 5

Martin v. Hunter’s Lessee

Answer 5

• The Judiciary act of 1789 grants appellate jurisdiction over final judgements of State Supreme courts on constitutional and federal questions.

Question 6

Cohens v. Virginia

Answer 6

• S/C has Jurisdiction to review state criminal proceedings.
• Court has Federal SMJ when a federal constitutional question is involved regardless of the identity of the party

Extends the principle of Martin to cases where the State itself is a party.