Separation of Powers 1

Question 1

Article III Section 1

Answer 1

The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain

Question 2

Article III Section 2

Answer 2

Judicial power extends to all cases arising under the Constitution, the laws of the U.S., and treaties involving: ambassadors; admiralty; where the U.S. is a party; where the case is between two states, between a state and citizens of another state, between citizens of different states, between citizens of the same states, and between a state or its citizens and foreign states, citizens, or subjects. ORIGINAL jx: ambassadors and where a state is party; APPELLATE jx: everyone else

Question 3

Constitutional requirements for a conflict to be a case or controversy

Answer 3

1. Standing
2. Ripeness
3. Mootness

Question 4

Federal Court Jurisdiction

Answer 4

Federal courts are courts of limited jurisdiction, meaning they can only hear cases that have a diversity of citizenship or arise from a federal q, in addition to the Con req. that it be a case or controversy

Question 5

Standing elements

Answer 5

(a) injury, (b) causation (c) redressability

Question 6

Injury (standing)

Answer 6

The P must allege that he/she has suffered. or will imminently suffer an injury. Must be concrete rather than generalized

Question 7

Sierra Club v. Morton

Answer 7

P must demonstrate he/she personally suffered some actual or threatened injury

Question 8

Causation/trace-ability (injury)

Answer 8

The injury is fairly trace-able to the D’s conduct

Question 9

Redressability (injury)

Answer 9

a favorable court decision is likely to redress the injury

Question 10

Prohibition against 3rd party standing

Answer 10

The P generally may only assert injuries that he/she has suffered, and cannot present the claims of a 3rd party.

Exceptions (1) substantial obstacles (2) close relationship, and (3) Overbreath Doctrine

Question 11

Generalized Greivance

Answer 11

Standing may be dened when the harm asserted in a generalized grievance shared in a substatially equal measure by all, or a large class, or citizens

Question 12

Grant of “Citizen Standing”

Answer 12

Private individuals cannot sue to enforce federal laws, unless Congress has granted a private party “citizen standing” to transfer enforcement of federal laws from appointed officials to the private party

Question 13

Ripeness Considerations

Answer 13

(a) Hardship to parties [how severe is the hardship if denied judicial review]
(b) Fitness of the issues for judicial decision [Qs that are fact heavy, rather than law heavy, are not likely to be found ripe]

Question 14

Mootness

Answer 14

P must have personal interest in the litigation from commencements to end. If P’s personal interest disappears, case should e dismissed as moot.

Exceptions: (a) secondary/collateral injuries remain, primary injury resolved, (b) capable of repetition yet evading review, (c) D voluntarily ceases unlawful behavior, but free to resume, (d) class action may continue even if P claims moot.

Question 15

Marbury v. Madison (Judicial Review)

Answer 15

Case established judicial review, the ability of the judiciary to invalidate legislative enactments on Const. grounds. [Must follow Con., not the 3 branches]

Established the prop that no branch is superior to the other branches to the other branches; rather the Con.is superior to all 3 branches.

Question 16

Martin v, Hunter’s Leasee (Judicial Review)

Answer 16

Prop that SC may determine finally an issue of fed law arising in state court.

Question 17

Cooper v. Aaron (Judicial Review)

Answer 17

Idea that the Court is the sole interpreter of the Con., but establishes a Con minimum from which states can depart upward, but not downward.

SC is superior to others, and the Court’s words are the Con.