Powers of the Federal Gov Flashcards
Federal judicial power extends to:
- interpretation of constitution
- interpretation federal laws
- interpretation treaties
- interpretation admiralty and maritime laws
- disputes between states
- disputes between states and foreign citizens
- citizens of diverse citizenship
SC may review:
- constitutionality of acts of other branches of fed gov
2. state acts pursuant to supremacy clause
Article 3
- defines the extent of the federal judicial power
- congress established federal courts, judges have life tenure
- standards: SMJ, party jurisdiction, case or controversy req
Congress’ power over federal courts:
- congress can delineate the original and appellate jurisdiction
- congress bound to Article 3– SMJ, party jurisdiction, case or controversy req
Article 1
- Congress can create tax courts, judges don’t have life tenure
SC has original jurisdiction:
- cases affecting ambassadors
- public ministers
- consuls
- where state is a party
- cases between states
Congress gave concurrent jurisdiction to lower fed courts except cases between states.
Lower fed courts have jurisdiction:
- cases affecting ambassadors
- public ministers
- consuls
- where state is a party
- NOT cases between states
When does the SC have appellate J?
- all cases fed power extends
- cases from fed court of appeals
- cases from state court where constitutionality of a fed statutes, fed treaty, state statute at issue, state statute allegedly violates fed law
How do appellate cases go to SC? Where do they come from?
- writ of certiorari - SC discretion to hear; come from state or fed courts
- appeal - (rare) SC must hear; come from 3 judge fed district court panel that grant/deny relief
Justiciable
Whether fed court may address
- case or controversy
- NO advisory opinions
- ripeness- immediate harm or threat of harm
- mootness- real unresolved controversy exists at all stages of review
- unless capable of repetition, X evading review
- unless in class action, as long as other class members claims are not moot - standing- stake in all stages, including appeal
- injury- direct or personal by constitution or fed law (econ or not)
- causation- between injury and conduct
- redressability- decision in favor is cable of eliminating grievance
When will fed court grant declaratory judgment?
only if X has/wishes to engage in specific conduct and the challenged action is a real and immediate danger to their interests
3rd p has standing:
can’t assert right of 3rd p to get standing
- unless P also has standing and:
- diff for 3rd p to assert rights (identity)
- special rel (Dr. and 3rd patient)
Organization has standing
Need ALL:
- injury to members, giving right to sue on their own behalf
- injury related to org purpose
- indiv member participation in law suit not req.
Reaching for standing
P may have standing if P is within “zone of interests” of statute, Congress intended to protect
Citizenship standing
no standing as mere citizen
may have standing- fed action vio 10th A by interfering with powers of states (still need injury, redressability)
Tax payer standing
- can litigate tax bill
- can’t challenge gov expenditures
- can’t challenge tax credits
except: congressional spending on 1st A Establishment Clause grounds (fed spends on parochial schools)
- congress’s spending power must be involved
- no standing to challenge fed spending
SC won’t exercise jurisdiction if:
state court judgment clearly based on adequate and independent state law grounds, even if fed issues involved
Federal courts will abstain when:
- temp abstain- unsettled question of state law
- fed court won’t enjoin pending state criminal proceedings unless proven harassment or BF prosecutions
- also: state admin, or civil proceedings involving important state interests
Political questions
- constitutionally committed to another branch of gov
- incapable of judicial resolution
ex: challenges to republican form of gov, pres conduct on foreign policy, partisan legislative apportionment (gerrymandering)
non-political questions: production of pres papers/comm
11 Amendment
doctrine of sovereign immunity
fed court won’t hear:
- private party or foreign gov claim against state gov
- where state is party
- where state has to pay retroactive damages
fed court may hear:
- actions against local gov
- actions by US or other states
- proceedings in fed bankruptcy courts
- against state officers from future conduct vio constitution or fed law (even if retrospective payment from state)
- actions for damage against an officer personally
- if Congress removed 11 A immunity, as to actions created under 14 A, intending to remove the immunity
