Powers of the Federal Government

Question 1

Federal judicial power extends to cases involving:

Answer 1

(1) INTERPRETATION of the constitution, federal law, treaties, and admiralty and maritime laws; and (2) DISPUTES between states, states and foreign citizens, and citizens of diverse citizenship

Question 2

What article gives the judiciary power?

Answer 2

Article 3

Question 3

Which acts does the Supreme Court have power to review and under what authority?

Answer 3

(1) acts by other branches of the federal government; and (2) state acts pursuant to the Supremacy Clause

Question 4

What are the jurisdiction powers of the Supreme Court?

Answer 4

(1) Original jurisdiction; (2) Appellate jurisdiction

Question 5

What is the Supreme Court’s original jurisdiction?

Answer 5

all cases affecting ambassadors, public ministers, consul + those in which a state is a party

Question 6

What kind of jurisdiction do lower federal courts have and under what authority?

Answer 6

Concurrent jurisdiction granted by Congress in all cases except those where states are a party

Question 7

What is appellate jurisdiction?

Answer 7

jurisdiction in all cases to which federal power extends, subject to congressional exceptions and regulations

Question 8

Two ways that a case can come to the Supreme Court via its appellate jurisdiction are: (explain)

Answer 8

(1) writ of certiorari (most cases and Supreme Court has DISCRETION to hear them); and (2) appeals (rare case and the Court MUST hear them)

Question 9

Which cases can the court hear under a writ of certiorari?

Answer 9

(1) cases from state courts regarding the constitutionality of a federal statute, federal treaty, or state statute OR if a state statute allegedly violates federal law; and (2) all cases from federal courts

Question 10

What does it mean for a case to be “justiciable”?

Answer 10

Federal courts have limited powers to hear cases under Article 3. Therefore, “justiciability” refers to a federal court’s power to address a particular case.

Question 11

What does “justiciability” depend on? (constitution)

Answer 11

Whether there is a “case or controversy”, pursuant to Article 3

Question 12

What are the other limitations on federal jurisdiction affecting justiciability? (self-imposed limitations; 8)

Answer 12

Prohibition on advisory opinions; ripeness; mootness; Standing; Adequate and independent state grounds; abstention; Political questions; Eleventh Amendment limit

Question 13

What is the prohibition on advisory opinions?

Answer 13

A self-imposed justiciability doctrine that requires a presence of “specific present harm” OR “threat of specific future harm.”

Question 14

How can a complainant show they are not precluded by the prohibition?

Answer 14

Must show (1) they have engaged in (or wish to engage in) specific conduct AND (2) the challenged action poses a “real and immediate danger” to their interests

Question 15

What is the dispute requirement for a court to hear an action asking for declaratory relief?

Answer 15

an ACTUAL dispute between parties having ADVERSE legal interests

Question 16

When will a court not determine the constitutionality of a statute?

Answer 16

(1) If the statute has never been enforced AND (2) there is no real fear it ever will be, a federal court will avoid evaluating the constitutionality of it.

Question 17

What is the Ripeness doctrine?

Answer 17

a justiciability doctrine requiring courts to wait until policies have been “formalized” AND can be felt in “concrete ways”

Question 18

Under the Ripeness doctrine, what are the two (main) factors the courts consider?

Answer 18

(1) the fitness of the issues for judicial decision; and (2) the hardship to the parties of withholding court consideration

Question 19

Under the ripeness doctrine, when will the court find a case is not fit for judicial decision?

Answer 19

Under this factor of the ripeness test, IF a case “relies on uncertain or contingent future events” that may not occur as anticipated , then it is not fit.

Question 20

Under the ripeness doctrine, when will the court find there is a hardship to the parties?

Answer 20

Under this factor of the ripeness test, an action is ripe IF a party would have to “risk substantial hardship to provoke enforcement of law.”

Question 21

When will a case be dismissed for mootness?

Answer 21

Under this self-imposed justiciability doctrine, IF a matter has already been resolved, it will be dismissed as moot.

Question 22

What are the exceptions to the mootness justiciability doctrine?

Answer 22

Controversies “capable of repetition BUT evading review” are not moot. (e.g., events of short duration, like abortion, OR a defendant who voluntarily stops the offending practice but is free to resume)

Question 23

How is mootness different for class actions?

Answer 23

A class’s representative may continue to pursue the class action even if the representative’s own offense has become moot IF other class members’ claims are still viable.

Question 24

What does Standing require?

Answer 24

A self-imposed justiciability doctrine that requires a claimant to have a “concrete stake in the outcome of the case.”

Question 25

What are the the components of the standing?

Answer 25

(1) injury in fact; (2) causation; and (3) redressability

Question 26

What must a claimant show for there to be an “injury in fact”?

Answer 26

Thiscomponent that must be shown for a claimant to claim standing requires a showing of: (1) a PARTICULARIZED INJURY; and (2) a CONCRETE injury.

Question 27

What is a particularized injury?

Answer 27

an injury that affects the plaintiff in a “personal and individual way”

Question 28

What is a concrete injury?

Answer 28

one that exists in fact

Question 29

What is not enough to show injury in fact?

Answer 29

It is NOT enough to show merely that a federal statute or constitutional provision has been violated – i.o.w. a generalized grievance affecting everyone.

Question 30

What does the second component of standing require?

Answer 30

Causation requires a “casual connection” between the injury and the conduct complained of

Question 31

What does the third component of standing require?

Answer 31

Redressability requires that a claimant show that a decision in her favor is capable of alleviating her grievance.

Question 32

What is Congress’s role regarding the standing doctrine?

Answer 32

Congress: (1) cannot eliminate the “cases and controversies” requirements, therefore cannot confer standing for a non-injury; but (2) Congress can statutorily create new interests – an injury of which could be sufficient for standing.

Question 33

How can a plaintiff gain standing to ENFORCE a government statute?

Answer 33

may have standing if the plaintiff is within the ZONE OF INTERESTS Congress intended to protect

Question 34

When can a claimant assert the rights of a third party?

Answer 34

Generally, one cannot assert the constitutional rights of others to obtain standing. But if the claimant has standing in her own right THEN she may also assert those of a third party if (1) it is difficult for the third party to assert her own rights; or (2) a special relationship exists between the claimant and the third party (e.g., doctor-patient, parent-child).

Question 35

When can an organization have standing?

Answer 35

IF (1) there is an injury in fact to members that gives the ma right to sue on their behalf, (2) the injury is related to the organization’s purpose, and (3) individual member participation in the lawsuit is not required.

Question 36

What are the taxpayer standing requisites?

Answer 36

Generally, a taxpayer can litigate her tax bill BUT no standing to challenge government expenditures.