Judicial Review

Question 1

Two types of federal jurisdiction:

Answer 1

1) Law-based: Constitutional cases, federal law; Admiralty and maritime law
2) Party-based: U.S. Gov’t; State v. State; State vs. other State’s citizens; citizens from different states with $75k in controversy; foreign diplomats

Question 2

Article III, Section 2 of the Constitution limits federal courts to hear:

Answer 2

"Cases" and "Controversies"
RAMPS
Ripeness
Abstention (and adequate and independent state grounds)
Mootness
Political Questions
Standing

Question 3

Who lacks standing?

Answer 3

Those without injury (actual or imminent)
Legislators
Constitution Lovers (in general)
Tax payers (in general); except under Establishment Clause

Question 4

3d Parties can only raise a standing issue when:

Answer 4

Special relationship or incapacity

Question 5

An association has standing to assert claims on behalf of its members if:

Answer 5

1) The individual members would have standing
2) The purpose of the association is related to the issue and
3) Membership participation is not required - the threatened injury is the same to all and all would benefit from a remedy

Question 6

Ripeness means:

Answer 6

A person has sued too soon

Question 7

Mootness means:

Answer 7

A person has sued too late. Exception: Those cases capable of repetition yet evading review (ex: Pregnant woman’s right to seek an abortion)

Question 8

T or F: Federal courts cannot hear issues of political questions.

Answer 8

True.

Question 9

Abstention:

Answer 9

Federal courts give deference to the state court. Let the state court either conclude on the issue or at least wait until state court makes a decision.

Question 10

Adequate and independent state grounds:

Answer 10

SCOTUS will not hear a case if the state court issue could be decided on adequate and independent grounds based on state law instead of constitution law.

Question 11

T or F: If a state’s law closely mirrors the U.S. Constitution, SCOTUS must abstain from hearing the case.

Answer 11

False. If similar, then SCOTUS can hear the case.

Question 12

What parties can file directly with SCOTUS for original jurisdiction?

Answer 12

Foreign diplomats and states

Question 13

Appellate jurisdiction exists where what two things are at issue?

Answer 13

Federal constitution and federal law

Question 14

Does Congress have discretion over what the lower federal courts can hear, and can Congress strip the court of the power to hear certain cases?

Answer 14

Yes.

Question 15

Can Congress keep SCOTUS from hearing Constitutional law issues?

Answer 15

No.

Question 16

Can Congress take a case from appellate jurisdiction and make it original jurisdiction?

Answer 16

No.

Question 17

Examples of political questions:

Answer 17

1) The ability of a grand jury to subpoena documents in the possession of the president against a claim of executive privilege does not present a political question apart from a claim based on national security.
2) Impeachment process
3) Amendment ratification process
4) President’s power to unilaterally terminate a treaty
5) Foreign affairs
6) Guaranty clause issues under Article IV
7) Redrawing of electoral districts to benefit one political party over another = political question. But, claim that state has redrawn electoral districts in racially discriminating way is NOT a political question.