Judicial Review

Question 0

TREATY vs. STATE LAW

Answer 0

Like other federal law, a treaty is the supreme law of the land. Consequently, any state action or law that conflicts with a United States treaty is invalid. Treaty must be self executing (no action of Congress required).

Question 1

STANDING

Answer 1

To have standing to challenge government action on constitutional grounds, a person must show that he has a concrete stake in the outcome of the litigation. To have such a stake, the potential litigant must show that he has an injury in fact caused by the government that is more than the theoretical injury that all persons suffer when the government engages in unconstitutional acts, and that decision in his favor will eliminate his harm.

Question 2

United State’s Supreme Court Original Jurisdiction

Answer 2

Under Article III, Section 2, the United States Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers, and consuls, and in which a state is a party.

Question 3

RIPENESS

Answer 3

A federal court will not hear a case unless there exist a “case and controversy”. This has been interpreted to mean, among other things, that a plaintiff generally is not entitled to review of his claim unless he has been harmed or there is an immediate threat of harm.