Judicial Supremacy

Question 1

1. Constitution binds the states:

Answer 1

a) Article III, Section 2: The judicial power shall extend to all cases, in law and equity, arising under the constitution.
b) Article VI, Section 2: The Supremacy Clause makes clear that the Constitution shall be the supreme law of the land (it’s superior to state law) and judges in every state shall be bound thereby.

Question 2

Martin v. Hunter’s Lessee (1816)(p. 24)

Answer 2

BLUF: 2. Supreme Court can declare acts of states unconstitutional

i) Facts: VA land dispute (who did/did not forfeit land during the revolution). VA CoA claimed SCOTUS lacked authority to review their decision.
ii) Rule: The Supreme Court can review state court decisions
(1) The constitution presumes SCOTUS’ authority to review state court decisions. If Congress did not establish lower federal courts, SCOTUS could not hear any cases at all unless it could review state court rulings.
(2) Appellate jurisdiction is given by the constitution to the Supreme Court, in all cases within “the judicial power of the United States” where it has no original jurisdiction. Article III, Section 2, clause 2.
b) Argument for federal review of act of state:
i) Allowing federal review produces uniformity and prevents multiplicity
c) Argument against Supreme Court Review of acts of states
i) Counter-Majoritarian ii) Textualist argument: nothing in the Constitution gives the Supreme Court explicit power to review acts of states
iii) Federalism question: nothing that unity must apply in all federal systems.

Question 3

a) Cooper v. Aaron

Answer 3

BLUF: Binding other branches of federal government

After Brown, AK governor doesn’t want to enforce desegregation
i) Rule: The Supreme Court made it clear that a state Governor was to be bound by the Supreme Court’s interpretation of the constitution and the Supreme Court would not be bound by the governor’s interpretation.

Question 4

Three positions (Judicial Supremacy)

Answer 4

(1) Judicial Supremacy (Cooper v. Aaron position)
(a) Important to have uniformity in constitutional interpretation (one party needs to make decisions for everyone in order to avoid dis-uniformity).
(b) Constitutional law is law as it has been interpreted by the Supreme Court. Congress does something wrong by not following Supreme Court decisions.

(2) Departmentalism - power of each branch of government to make constitutional decisions for their own purposes.
(a) Believe in being able to interpret the constitution for themselves
(b) Distinction between decisions that are directed personally to an official and decisions that purport to resolve an interpretative issue not directed at someone.
(a) i.e. officials in AL who are not following order of AL SC (gay marriage) because order was not directed specifically at them are claiming departmentalism. One way of getting around this would require class action defendants - giving them notice and opportunity to be heard.

(3) Popular Constitutionalism : The meaning of the constitution should be determined by public political determination and public political debate

Question 5

4. Congressional regulation of judicial power:

Answer 5

a) Article III, Section 2, Clause 2: power of Congress to make exceptions and regulations about SCOTUS appellate jurisdiction.
i) Congress cannot use its regulatory power to determine outcomes in particular cases. United States v. Klein. ii) BUT see Ex Parte McCardle which deprived the Supreme court of jurisdiction for a particular class of cases.