Judicial review and federal jurisdiction

Question 1

11th amendment and state sovereign immunity

Answer 1

States can’t be sued in federal court by private citizens FOR MONEY DAMAGES
Exceptions:
- state waives immunity clearly
- congress authorizes money damages for enforcement of 13, 14, 15 amendments

Question 2

Justiciability - RAMPS

Answer 2

Even if jx exists, need justiciability
R - ripeness
- claim must be fully developed and controversy “ripe” for decision
A - abstention
- court can abstain from issues re: undecided state law questions
- SCOTUS only: “adequate and independent” state law grounds - not justiciable
M - mootness
- no case if the controversy is already resolved
- exception: “capable of repetition yet evading review” - practically impossible for similar
claims to be heard before they become moot (abortion is a big one)
P - political question
- can’t hear questions assigned to another branch of gov’t
- constitution suggests authority lies w another branch, and required decision political
- common issues: foreign affairs, impeachment, redistricting
S - standing
- injury in fact (direct and personal, actual or imminent), causation, redressability

Question 3

Standing and exceptions

Answer 3

Standing requires

• actual injury (must be direct and personal, and actual or imminent)
• causation of injury by challenged action
• redressability (i.e. court can actually remedy injury)

Exceptions:
- third party claims:
- special relationship b/t PLN and injured party AND injured party unable/difficult to claim
- organizations can claim for members if members have standing, org’s purpose is
germane to interest, and neither claim nor relief requires individual member participation

Question 4

Jurisdiction of the supreme court - 2 types

Answer 4

• Original jurisdiction over cases involving ambassadors, foreign diplomats, and state
  - Congress cannot enlarge or restrict original jurisdiction
• Appellate jx where constitution or federal law is at issue

Question 5

Congressional power over the courts

Answer 5

Over lower courts: Congress can create and prescribe their power

Supreme court: unsettled issue. definitely can’t change original jx