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ConLawI FlashCard Review

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					Constitutional Law Emanuel Law in a Flash Cards Federal Jurisdiction General ▪ Restrictions on Judicial Review 1. Case or Controversy Requirement 2. Advisory Opinions 3. Mootness 4. Ripeness 5. Standing 6. Avoiding Constitutional Decisions 7. Adequate State Grounds 8. Abstention 9. Political Questions ▪ Article 1 Courts = Legislative Courts (Congressionally created) Ex: Bankruptcy Courts & Tribunals of Administrative Agencies – Northern Pipeline Construction Co. v. Marathon Pipeline Co. ▪ Congress may not give Article 1 Courts the power to hear cases within the jurisdiction of Article III Courts

Judicial Review ▪ Article III § 1 – Source of Federal Judicial Power – it “shall be vested in one S.Ct. and in such inferior courts as Congress may from time to time ordain & establish” ▪ Power to declare unconstitutional the acts of other branches of government (Judicial Review)Marbury v. Madison ▪ Power to declare state statutes unconstitutional – Fletcher v. Peck ▪ Power to review judgments of state courts in cases falling within the federal judicial power – Martin v. Hunter’s Lessee ▪ Article III §2 – Federal Courts’ Jurisdiction 1. Diversity – Cases where the parties’ diversity of citizenship determines the jurisdiction ▪ Citizens of different states and ▪ Meeting amount in controversy requirement ($50,000 – Constitutional/$75,000 statutory 28 U.S.C. § 1332) 2. Federal Question Jurisdiction – Cases where the subject matter determines the jurisdiction (arising under the constitution, federal law, or treaties) 3. Cases where the identity of the parties determines the jurisdiction ▪ State v. citizen of another state ▪ U.S. is a party (consent necessary) ▪ 2+ states ▪ State v. Foreign Country or its subjects
Card #9

Jurisdiction of the S.Ct. ▪ Article III §2 – the S.Ct.’s original jurisdiction extends to all cases: 1. Affecting ambassadors (and other public ministers & consuls); and 2. Those cases in which a state is a party

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** Most often, the S.Ct.’s original jurisdiction is most often exercised for controversies between 2 or more states (28 U.S.C. § 1251) Original Jurisdiction cannot be enlarged or restricted by Congress (Marbury) ▪ lower federal courts can be granted concurrent jurisdiction by Congress - Congress can change federal appellate jurisdiction, under Art. III §2 as long as the change is neutral Cases where the S.Ct. must hear an appeal 1. Decisions made by 3-judge federal district court panels granting or denying injunctive relief, under the statutory command of 28 U.S.C. §1253 2. The S.Ct. must make some sort of determination whenever a Ct. of App. Certifies to the S.Ct. “any question of law in any civil or criminal case as to which instructions are desired.” (15 U.S.C. 1256) ▪ The S.Ct. must then either give binding instructions or require that the entire record me sent up for decision of the entire matter in controversy ▪ Congress wiped out the S.Ct.’s general mandatory appeal jurisdiction in 1988 (# 1 & 2 are the only remaining cases that must be heard)

Eleventh Amendment Restrictions on Judicial Review 1. Case or Controversy Requirement 2. Advisory Opinions 3. Mootness 4. Ripeness 5. Standing 6. Avoiding Constitutional Decisions 7. Adequate State Grounds 8. Abstention 9. Political Questions

Congressional Powers Presidential Powers Separation of Powers Intergovernmental Immunities Retroactive Legislation Eminent Domain Limitations on State Power General Preemption Interstate Commerce Interstate Privileges & Immunities Clause Individual Rights

General State Action General Due Process Procedural Due Process Substantive Due Process


				
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Description: Notes and outlines from Con Law I