Judicial Review Flashcards
Why Judicial Review Matters
- It gives the judiciary the final say in interpreting the Constitution
- To deny the permissibility of judicial review of the constitutionality of a congressional statute would be to say that the courts “must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions.”
- SC Review of State decisions: can review State high courts to make sure constitutional. Can review state laws, constitution laws.
Constitutional Interpretation
- Historical- Relying on the intentions of the framers or ratifiers of the Constitution
- Textual- Looking to the meaning of the words of the Constitution alone, as they would be interpreted by the average contemporary “man on the street”
- Structural: Inferring rules from the relationships that the Constitution mandates from the structure it sets up
- Doctrinal: Applying rules generated by precedent
- Ethical: Deriving rules from the moral commitments of the American ethos that are reflected in the Constitution
- Prudential: Seeking to balance the costs and benefits of a particular rule
Congressional Limits on Judicial Authority
- Original Jurisdiction: Congress can do nothing with S.C. original Jurisdiction ( Cannot add or take away)- inherent jurisdiction
- Lower Federal Court Jurisdiction: Congress can do anything with Jurisdiction of lower federal courts (Broaden limit)
- Supreme Court App Jurisdiction (Exceptions Clause) whether court can hear it but cannot direct rule of decision.
Rule of Decision: Congress can direct what cases Court can hear but cannot say what the ruling will be b/c that is the Courts job.
• May not be able to put limits on S.C. Appellate Jurisdiction if it deals with individual rights??
Justicaiblity
Is a threshold question in any case. 1st thing to think of when dealing with court
- Advisory Opinions:
- Standing:
(1) Injury In Fact,
(2) Causation,
(3) Redressability - Ripeness
- Mootness
- Political Question
Advisory Opinions:
- Fed Ct do not have authority to issue advisory opinions
- Example: Legislature or executive asks the court if proposed legislation is constitutional - Advisory opinions do not meet the ripeness rule (they are non-ripe)
- Must be an actual dispute between 2 or more parties
- Tell tale signs: Look for request for declaratory relief without monetary relief or injunction
Standing
(1) Injury In Fact
(2) Causation
(3) Redressability
Injury- In- Fact
Plaintiff must show he himself been actual or imminent injury
1.Actual = already happened
Magnitude doesn’t matter: can be any injury, does not matter how big or small
- Imminent = will happen soon
3) If harm is too far in the future, or too speculative, the actual or imminent element will not be satisfied.
Causation
- P must plead that the D’s actions caused the injury
- P has to allege & show harm caused by injury
- Damage must line up with injury
- Multiple factors can lead to believe that it caused the harm, not stated injury
Redressability
•The Ct’s judgment will redress the plaintiff’s injury
Generally 3 Kinds of Relief
- Monetary damages for harm that occurred.
- Past looking, make whole for damages in the past - Injunctive D to be ordered to do something or not do something,
a. Forward looking.
b. Must still be going on to prevent & stop relief - Declaratory judgment: declare something unconstitutional or against a statute
a. Say some damages, so don’t fail on standing
3rd Party Standing
Rule: Generally cannot bring claim for 3rd parties (other people that are not the plaintiff)
•Exception:
- if close relationship or
- if party has a hard time bringing the case themselves
Associational Standing
•As long as one or more members of a group or association has standing, the group can bring the suit on behalf of its members
General Grievances
Rule: Tax dollar spending is no standing, (just paying taxes does not give standing)
•Exception: you can bring generalized tax payer grievance to challenge a government expenditure of $ that you allege violates the Establishment Clause (cannot establish religion)
-Only govt. expenditure of $
-Only Establishment Clause
(Allow because no one has standing otherwise, so allow generalized tax payer grievance)
Ripeness
P must allege the dispute is real
-order to be ripe, the P must show that review is not premature; P must demonstrate that harm occurred or is imminent.
- Goes to cases and controversies
- Must hear cases between sufficiently adverse parties and this adversity requirement gives the court enough information
- Adversity is satisfied by standing, ripeness and mootness (no standing means no adversity; no ripeness means adversity hasn’t happened; mootness means adversity already happened and is gone)
Mootness
Simply means case has not gone away- clearest example is a settlement
Exceptions:
- Wrongs capable of repetition but evading review
- ie: pregnant lady suing for not allowing abortion. Will have baby before case can be heard. – Roe v. Wade
2.Voluntary cessation
- Class action lawsuits
- An action brought on behalf of a class does not become moot upon expiration of the named P’s substantive claim, even though class certification has been denied.
Political Question
Cannot raise a political Question to get into Fed. Ct.
- Commitment to another branch:
- The constitution states executive or legislative has power over the issue. - Lack of Standards:
- No resolution/ precedent/ public policy sounded in case law or constitution - Unsuitable policy determination:
- impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion - Lack of respect for other branches:
- impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government. - Political decision already made:
- Multiple pronouncements: -potentiality of embarrassment
- Must be 1 to have political question
