UNITED STATES CONTSTITUTION: ARTICLE III

Question 1

UNITED STATES CONTSTITUTION: ARTICLE III

Answer 1

• Creates the Supreme Court of the United States
• Judicial power over cases and controversies
  
  • Defines jurisdiction of federal and state courts
  • Divides authority among federal courts
  • Aids separation of powers
• Gives Congress the power to create other courts “from time to time”
  
  • Control over federal courts, particularly lower federal courts

Question 2

CASES AND CONTROVERSIES

CASE OR CONTROVERSY CLAUSE: ARTICLE III SECTION 2, CLAUSE 1

Answer 2

In order for a federal court to entertain a suit (for the case to be BASELINE JUSTICIABLE), there must be a case or controversy, which means there has to be CONCRETE FACTS, a PARTICULARIZED ISSUE, and ADVERSE PARTIES. You cannot simply use the Supreme Court as a method to get advisory opinions—general proscriptive announcements better left to other branches (do not advise other branches, STAY IN YOUR LANE SCOTUS). See Muskrat (no general veto power for federal courts).

 - In other words, the Supreme Court can only hear cases that are properly brought before them and thus, has the power to hear the case. See Marbury v. Madison (no original jurisdiction to review writ of mandamus so no case or controversy). 
      * Case: suit instituted according to regular judicial procedure.
      * Controversy: only suits of civil cases.

Question 3

Case or Controversy Requires:

Answer 3

1. Adverse parties
2. Concrete facts
3. Particularized issues

Question 4

Also Depends On:

Answer 4

1. Standing: whether the parties are appropriate to seek judicial intervention.
2. Ripeness: whether the dispute is sufficiently well-developed.
3. Mootness: whether the dispute is not too far along to justify resort to the courts.
4. Advisory opinions: must be a true practical dispute not just academic interest.
   A. NO advisory opinions allowed.

Question 5

What are the limits on federal jurisdiction that derive from the constraints of Article III?

Answer 5

standing, mootness, ripeness, and federal questions