Nature of judicial review Flashcards
what is the scope of federal judicial power?
Art II, Section 2, limits the jdx of the fed courts to law based federal jdx and party based federal jdx
what does the 11th amendment do?
It prohibits the citizens of one state from suing their own state or anther state on federal claims for money damages in federal court or state court, without the state’s consent
what are the 5 exceptions to the 11th amendment?
- State and federal gov’t can sue a state2. Subdivisions of states (cities and counties) are not immune from suit under the 11th3. Individuals can sue a state for injunctive relief4. A state can waive their immunity through consent5. if congress is forbidding something that the 13, 14, 15 amendments are already forbidding, then it can create a private cause of action for money damages for violations by a state of those rights
To get into federal court, a matter must involve “cases” and “controversies”, but also must meet . . .
RAMPS:RipenessAbstention, and adequate state groundsMootnessPolitical QuestionsStanding
Mootness
If a controversy or matter has already been resolved then the case will be dismissed as moot. Note: a case or controversy must exist at all stages of the litigationException: if the matter is capable of repetition yet evades review. Ex: a pregnant woman’s suit challenging the constitutionality of a state abortion statute was held not to be moot even though she was no longer pregnant at the time the case reached SCOTUS
Ripeness
bars consideration of claims before they have fully developed
Abstention
fed court may abstain, or refuse to hear a particular case, when there are undecided issues of state law presented. The doctrine permits state courts to resolve issues of state law, preventing the need to decide on any con law issues
Standing
Art III requires a person litigating a con law question to show: injury in fact, causation and redressability.
Can federal taxpayers sue to challenge alleged unconstitutional fed expenditures?
No. TP’s injury is too small and their interest is too remote.
A person generally has no right to enforce the rights of third parties. However, SCOTUS has permitted standing of a person in this situation when which conditions are fulfilled?
- Special relationship b/w pf and 3rd party so that interest of pf aligns with the 3rd party that he is trying to protect2. incapacity: the 3rd party is unable or finds it difficult to bring suit on his own behalf
when does an association have standing to assert the claims of its members, even where there is no harm to the organization?
When:1. the members would otherwise have standing to sue in their own right2. the interest asserted is germane to the association’s purpose; and3. neither the claim asserted nor the relief requested would require participation by the individual members in the lawsuit
When is it a political question that a fed court will not hear?
a political question is a matter assigned to another branch by the constitution or incapable of a judicial answer.
Adequate and independent state grounds
Only applies to SCOTUS. Although a state court decision may involve a fed question, if the state court judgment can be supported on an adequate and independent state ground, SCOTUS will not take jdx. EXCEPTION: sometimes state constitution will have provisions that are analogous to the US constitution and sometimes state courts will interpret their constitution to mean the same thing as it means in the US-constitution. If this happens this does not count as an adequate and independent state ground and SCOTUS can review. For this to be the case, the state court must say that the provision is identical to that of the federal constitution.
SCOTUS has original jdx of what?
Art III, Sec 2, gives SCOTUS original jdx in all cases affecting ambassadors, other public ministers and consuls and those in which a state shall be a party.
How can Congress change SCOTUS’ original jdx?
It can neither enlarge nor restrict its original jdx.
