Constitutional Law II Outline

CONSTITUTIONAL LAW II
CHESNEY – SPRING 2006

I. INTRODUCTION
A. Con Law II Question:
i. Should this be done or can it be done by the federal or state government?
ii. If so, which branch of government can/should do this

II. THE JUDICIAL POWER (ARTICLE III)
· Creates the supreme court
o Grants power to Congress to create inferior courts
o Can Congress dissolve a court? Probably
o But, judges get life tenure on good behavior so they would have to do something with the judges.
o Congress cannot diminish judges salary and abolishing the court and the judges job would diminish their salary.
· Judges
o Only hold office during good behavior
o Can be impeached
o Suggests that judges can be impeached for les than Art II § 4
o Lists: conviction of treason, bribery, or other high crimes and misdemeanors
· Judicial Power was “vested”
· What is judicial power?
o Judicial power is the power to adjudicate
o Applies to cases and Controversies…listed
o Federal SMJ – judicial power vested in Art III courts
§ Arises under Constitution (Federal Question)
· Laws of the US
· Treaties
· Which shall be made under their authority
§ Cases re: foreign officials
§ Cases of admiralty and maritime jurisdiction
§ Where US is a party
§ b/w two states
§ b/w a state and a citizen of another state
§ b/w citizens of different states
§ land grant disputes b/w competing state sources
§ b/w a state or citizen of a state and a foreign state, citizen or subject
o Original Juris in SCOTUS
§ Cases affecting Ambassador , public Ministers and Consuls
§ b/w 2 states
§ appellate jurisdiction in all other cases
o congress can make exceptions under regulations
§ the SCOTUS has appellate power over State Sup Courts
§ Congress has to create lower federal courts
· One or the