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Chemerinsky Conlaw 1 Outline

Chemerinsky Conlaw 1 Outline

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Published by: mkelly1021 on Sep 27, 2012
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CONSTITUTIONAL LAW IBROWNSpring 2005INTERPRETATIVE ANALYSIS - *HUGE*1.TEXTUAL ANALYSIS2.LEGISLATIVE HISTORY3.STRUCTURE (W/IN CONSTITUTION)4.JUDICIAL INTERPRETATION (PRIOR CASES)5.PRUDENCECHAPTER 1 – THE FEDERAL JUDICIAL POWER A.AUTHORITY FOR JUDICIAL REVIEW
a.
 Marbury v. Madison
i.
TWO THINGS:
1.
Constitution is the supreme law of the land – Article III is aceiling.
2.
Judicial review established.
ii.
Article III
: created the federal judiciary and defines its powers. Some of the topics covered:1.“The judicial Power of the United States shall be vested.”2.“…in one Supreme Court and in such inferior courts as Congressmay from time to time establish.”3.“cases” and “controversies”4.Supreme Court has original jurisdiction over cases affectingambassadors, other public ministers and consuls, and those inwhich a state shall be a party. In all other cases, the S.Ct. hasappellate jurisdiction, subject to “such Exceptions and under suchregulations as Congress shall make.”iii.
Judicial Review:
The judiciary has the authority to review the constitutionalityof executive and legislative acts, as long as they are not “political”1.Distinguish between “political acts” and “duties.”a.Political/discretionary – not reviewable by court.2.Check on legislative branch.
3.
If the S.Ct. identifies a conflict btw a constitutional provision and acongressional statute, the Court has the authority (and the duty) todeclare the statute unconstitutional and to refuse to enforce it.
iv.
Marbury’s 5 themes in a nutshell:
1.Separation of Powers: their powers sometimes overlap to act as a checksand balances to prevent from exceeding
2.
Federal Law Supremacy: Not implicated classically; when conflict betweenthe Constitution and Act of Congress => Constitution winsa.Constitution is the Supreme Law of the Land.
3.
Enumerated Powers: federal court can only exercise powers given by theConstitution (Art. III is a ceiling).4.Federalism: none
1
 
5.Interpretation of the Constitution: Supreme Court interpreting and duty ocourts to interpret
 b.
Judicial review of state and local actions
i.
 Martin v. Hunter’s Lessee
(dispute over land; whether a VA statute conflictedw/ a federal treaty)
1.
The Court can review the constitutionality of a decision by a
state’s
highest court.
a.
A state is not a sovereign entity.
 
 b.Need for uniformity in decisions throughout nation interpretingthe Constitutionc.M v. M applies to state decisions!
2.
The S.Ct. may determine whether a state court has reached a decisionthat is not in conformity w/ the Constitution; but it may NOT reviewstate court decisions that merely adjudicate questions of state law(exclusive and adequate), ONLY FEDERAL QUESTIONS (AppellateJurisdiction).
ii.
Cohens v. Virginia
 – 
criminal Ds can seek S.Ct. review when theyclaim their conviction violates the Constitution.B.LIMITS ON FEDERAL JUDICIAL POWER – ARTICLE III
a.
Interpretive limits
i.Originalist – enforce what is stated or clearly implicit in writtenConstitutionii.Non-originalist – Constitution evolves through interpretation andamendment1.Court looks at S.Ct. precedent, history, prudential concerns, socialcosts, scrutiny and text (
US v. Emerson
) b.
Congressional limits
i.
Congress’ ability to limit jurisdiction of federal courts:
1.
Article III ceiling (
 M v. M)
2.
 McCardle
and
 Klein
ii.
Article III – sets out types of cases S.Ct. can hear: “box” of powers, CanCongress give anything outside of the box – NO (M v. M); Can they removepowers w/in the box?
iii.
Article III:
 
the Exceptions and Regulations Clause
: “the S.Ct. shall haveappellate jurisdiction both as to Law and Fact, with such Exceptions, and under such regulations as the congress shall make.”1.One side: provides Congress with broad powers to remove matters fromS.Ct. purview – a check on judiciary’s power 2.Other side: Congress is limited in ability to control S.Ct. jurisdiction – clause modifies the word “fact” (concern about ability to over-turn thefact finder)3.Both views – power cannot be used in manner that violates Constitution
iv.
 Ex parte McCardle
(Congress takes away S.Ct.’s appellate jurisdiction to hear habeas corpus pleas.)1.
Congress has the ability to modify jurisdiction of the Supreme Court – can decide when S.Ct. can hear cases.
2
 
2.Although the Court’s authority stems from the Constitution, it “isconferred w/ such exceptions and under such regulations as congressshall make.”
a.
S.Ct. right to hear an HC case is only withdrawn where Courtgets case by appeal from lower courts; an original petition for HC could be commenced in S.Ct. (
 Felker v. Turpin)
v.
US v
 
 . Klein
 
(S.Ct. decides what constitutes loyalty after Civil War)
1.
Separation of powers is a limit on Congress’ authority to limit S.Ct. jurisdiction.2.
While acknowledging Congress’ power to create exceptions andregulations to the Court’s appellate jurisdiction, Congress cannotdirect the results in particular cases, there by invading the judicialfunction.
3.
Any jurisdictional limitation must be
neutral 
.
vi.
 Robertson v. Seattle Audubon
1.
Congress has power to pass legislation that will affect only suitspending or going forward.
2.Courts must apply new law to cases pending – not old cases or factfinding.vii.
Important consideration: Article III shouldn’t be looked at in isolation.
1.“Everyone should have their day in court.”Supreme Court’sOriginal JurisdictionSupreme Court’sAppellate JurisdictionLower FederalCourt’s Jurisdiction
Source
of CongressPower  None(can’t be altered or added/subtracted)Art. III §2 cl.2 McCardleArt. III §1Art. I §8 cl.9Constraints on Congress’sPower  N/ABill of Rights Separation of PowersBill of Rights Separation of Powers
c.
Justiciability limits
i.
Five limits:
1.
Prohibition on advisory opinions
2.
Standing
3.
Ripeness
4.
Mootness
5.
Political Question
ii.
Advisory opinion
1.
To avoid being an advisory opinion, there must:
a.
Be an
actual dispute
between adverse litigants, and
 b.
A substantial likelihood that a federal court decisionwill bring about some change or effect.
2.Court doesn’t give advice on how to do something – only CASE or CONTROVERSY!3.Congress cannot vest review of the decisions of Art III Courts inofficials of the Executive Branch (
 Hayburn
’s case).4.A statute cannot
retroactively command the federal courts to
3

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