Term
| What is the effect of article 3 of the Constituion? |
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Definition
| Extends judicial power to interpert the constituions, federal laws, treaties, and admiralty and maritime laws and disputes between states, states and foreign citizens, and citizens of diverse citizenship |
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Term
| What is the jurisdiction of the supreme court? Name the 2 types |
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Definition
Original JD:all cases between states, ambasators, and public ministers
Appellate JD: Court has discretion to hear cases the come by writ of certiorari and must hear some appeal cases if decided by a three panel jude |
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Term
| Why doesn't the supreme court here political questions? |
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Definition
| THey are constiutionally committed to another branch of government or inherently incapable of judicial resolution. |
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Term
| What are the limits on justiciable issues? |
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Definition
| Need case in controvercy, present harm, prieness, no mootness unless capable of repetition, standing adequate and legal independent state grounds, abstention, and political questions |
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Term
| What are the requirements of standing? |
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Definition
| Injury, causation, redtressability |
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Term
| What does the eleventh amendment do? |
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Definition
| Limits federal courts from hearing a private party's or foreign government's claim against a state government. |
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Term
| What is the implications of the enumerated and implied powers? |
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Definition
| THey alow congress to exercise those powers enumerated int eh consitution pluse all auxiliary powers necessary and proper to carry out all powers vested in the federal government. |
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Term
| What are the enumerated powers? |
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Definition
| Necessary and proper, taxing power, spending power power to coin money and fix weights and measures,and patent copyright power |
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Term
| What are the internal powers of the Executive branch? |
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Definition
| Appointment and removal, pardons, veto power, power as chief executive |
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Term
| What are the external powers of the president? |
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Definition
| Not to declare war (that is left to congress) but to control course of war, foreign relations, to enter into treaties with 2/3 congress approval, |
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Term
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Definition
| allows federal statute to occupy an entire field and superseed state law in that area even if it is a state power |
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Term
| When does the full faith and credit clause, which prevents litigation of the same case in other jds, valid? |
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Definition
| When the court that rendered the verdict had jurisdiction, the judgment was on the merits, and the judgment was final. |
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Term
| Article 4 does what to protect non-residents of a state? (privileges and immunities) |
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Definition
| Prevents the state from discirminating by state against nonresidents of their fundamental rights unless there is substantial justification |
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Term
| What are the rights under the privileges and immunities of national citizenship? |
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Definition
| petition congress for redress of grievances, right to vote for federal officers, and the right to interstate travel |
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