Constitutional Law I – Sullivan Book
I) JUDICIAL POWER
· Federal Government is one of enumerated powers, which the constitution authorizes the government to act
· Federal government action is only valid if authorized by the Constitution
· Judicial Powers – Article III Courts
1) Power to hear case and controversies
(1)Arising under the Constitution, Laws, Treaties of the United States
(2)Admiralty & Maritime Jurisdiction
(3)Cases in which the USA is a party
(4)Cases between two or more states
(5)Cases between a state and citizens of a different state
(a) Citizen can’t sue his own state
(b) Citizen can’t sue another state
(6)Cases between citizens of different states (diversity jurisdiction)
(7)Cases between citizens of the same state claiming land grants from different states
(8)Cases between a citizen of a state and a foreign state, citizen or subject
· Power of Judicial Review
1) Judicial review established in Marbury v. Madison
2) Province and duty of Judiciary to declare what is law
3) Supreme Court may determine the constitutionality of acts of other branches of government
4) Separation of Powers doctrine prohibits legislation from interfering with Supreme Courts Final Judgments
5) Supremacy Clause, Art. IV
(1)Constitution, Laws, treaties of the USA take precedence over state laws and judge and state officers must follow federal law
· Federal Courts
1) Two Types of Federal Courts
(1)Article III
(a) Established by Constitution via Article III
(b) Congress can decide jurisdictional limits
(c) Congress can restrict power to hear cases, but may not enlarge power beyond that of the Constitutional grant in Art. III
(2)Article I Courts
(a) Tax Court, Courts of DC
(b) Cannot be vested with power to hear cases traditionally vested with Article III Courts
· Supreme Court Jurisdiction
1) Original Jurisdiction
(1)Cases affecting Ambassadors, Public Ministers, Counsels,
(2)Where a State is a Party
2) Appellate Jurisdiction
(1)Cases arising under the Constitution, Laws, Treaties of USA
(2)With Such exceptions of Congress makes to appellate jurisdiction
(3)Appellate Jurisdiction obtained by
(a) Appeal (where jurisdiction is mandatory)(Cases from 3Judge Panel of Federal District Court, Panels that grant or deny injunctive relief
(b) Writ of Certiorari (jurisdiction is within courts discretion to hear the case or not
(i) Cases from Highest State Court that heard the case
a. Federal Question Cases
b. Alleged State Statute violates Federal Law
(ii) All cases from federal court of appeals
· Limits on Statutory Regulation
1) Ex parte McCardle
(a) Gives Congress full power to regulate and limit the Supreme Court Appellate Jurisdiction
(b) Congress can limit avenues of appeal, but can’t eliminate all avenues for appeal
(c) Congress can eliminate Supreme Court review of certain cases within the Federal Power, but it must permit jurisdiction of those limited cases to a lower federal court
(d) If Congress were to deny all Supreme Court review of alleged violation of Constitutional rights, this would violate Due Process of Law required by 5th and 14th amendments
II) JUSTICIABILITY
· Federal Court might still refuse to hear case, even if it has subject matter jurisdiction, if a “case or controversy” is not involved and other requirements are not met
· Advisory Opinions
(1)Barred by interpretation of “case or controversy” requirement
(2)No decisions in cases that are moot
(3)No decisions in regards to challenges to Government action or policy whose enforcement is neither actual or threatened
2) Compare with Declaratory Judgment Actions
(1)Requirements
(i) Actual dispute between parties having adverse legal interest
(ii) Plaintiff must show they have engaged or wish to engage in specific conduct and the challenged action poses real and immediate thre
ntiff
(b) Would a favorable ruling for the plaintiff eliminate the harm to him?
(i) If not, plaintiff doesn’t have the type of specific injury required
2) Standing Issues (prudential Standing)
(1)States
(a) Congressional conferral of standing
(i) Congress can grant states procedural right t challenge federal administrative agencies
(2)Standing to Enforce Gov’t Statute
(a) Must be in “Zone of Interest” that Congress intended to protect, otherwise no standing
(3)Standing to assert right of others/ Third party
(a) Plaintiff may assert 3rd party rights where he himself is injured; and
(i) 3rd party finds it difficult to assert their own rights; or
(ii) Injury suffered by plaintiff adversely affects his relationship with third parties (beer distributive right to sell to those 21+); or
(iii)Prudential Standing
1. Federal court can refuse to hear/ limit any case on prudential standing grounds
a. No Generalized grievances (as taxpayer alone)
b. 3rd party standing
c. Zone of Interest
(4)Standing of Organizations
(a) Standing where injury is caused to the organization itself and where injury is caused to its members
(b) Requirements
(i) Injury in fact to members of organization
(ii) Injury to members must be related to organizations purpose
(iii)Neither nature of claim or relief requires participation of the individual members
(5)Citizenship Standing
(a) Can’t bring a claim on standing as a citizen alone
(b) No generalized grievances
(6)Taxpayer standing
Generally no standing to litigate governmental
