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Constitutional Law I
University of Illinois School of Law
Meyer, David D.

Article III
·        Original Jurisdiction
·        Appellate Jurisdiction subject to exceptions and regulations as congress shall make
 
Article III § 1: The Federal judicial power “shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish”
 
Marbury v. Madison 1803 Marshall
·        Establishes the power of judicial review over the other branches of the federal government.
 
Non-Justiciable
·        Advisory Opinions
·        Political Questions
o       Baker v. Carr 1963 Brennan
§         Sets out guidelines for determining whether something is a political questions:
§         1) textually demonstrable constitutional commitment of the issue to a coordinate political department
§         2) lack of judicially discoverable and manageable standards for resolving it.
§         3) the impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion
§         4) impossibility of a court’s undertaking independent resolution without expressing lack of the respect due to the respective branch of government
§         5) an unusual need for unquestioning adherence to a political decision already made
§         6) the potentiality of embarrassment from multifarious pronouncements by various departments on one question.
o       Gerrymandering – lack of judicially discoverable or manageable standard for resolving
o       Vieth v. Jubelirer 2000 Scalia
§         Lacking any judicially discernible and manageable standards for adjudicating politi

America Citizens v. Perry 2004 Kennedy
§         Possiblity for a test for identifying unconstitutional gerrymandering: A burden, as measured by a reliable standard, on the plaintiffs’ representational right.
·        State Cases
·        Mootness
o       Case or Controversy must exist throughout the entire litigation.
o       DeFunis v. Odegaard
§         Denied admission to law school, sued, court order got him admitted, by the time the case reached the SC he was in his final semester. Case is moot, he is going to graduate anyways. (If he had asserted a injury other than not being admitted [i.e. depression from not being admitted] he may have still had a chance)
o       Exceptions:
§         Capable of Repetition, yet evading review
ú         Moore v. Ogilvie
·        Challenges requirement of signatures to get on the ballet, case reached SC and the election was over, however, it is capable of repetition, therefore, not moot.
ú         Roe v. Wade
·        Challenge Texas Abortion law, case reached SC and she was no longer pregnant, however, her pregnancy is capable of repletion, therefore not moot.
§         Voluntary Cessation of Illegal Activity
ú         Friends of the Earth, Inc v. Laidlaw Environmental Services 2000 Ginsburg
·        Voluntarily stopping polluting does not moot the case, as the plaintiff still has a redressable injury (standing)