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| S.C. is the first court to hear the case - this is limited to cases where 1 state is pursuing another |
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| lower federal or state court has already rendered a decision and one of the parties is asking the S.C. to review that decision |
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| appeal as a matter of right |
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Definition
| involve issues Congress has deemed so important that a Supreme Court to review that decision |
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| appeal as a matter of certification |
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| lower courts file writs of certification asking justices to clarify federal law (justices can accept/dismiss filing) |
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| appeal as a matter of certiorari |
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| litigants desiring S.C. review to be informed about their cases by requesting that the lower court send up record |
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| certiorari appeal will be granted if... |
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| 2 court of appeals are in disagreement, if a decision conflicts with the the decision of another state court, or if a state court of appeals decides on a case that doesn't have a precedent |
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| the original intent and original understanding by the framers - interpret the constitution the way the founding fathers would have (difficult to interpret original intent |
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only look to the text to determine cases - values the words of the constitution above all else (doesn't want to infuse new meaning)
- look at intended meaning
- cannot go beyond the literal meaning of the words |
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| structural analysis/ reasoning |
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clauses in Constitution should be consistent with overarching structures and principles in Constitution
- structures must be maintained and preserved |
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"let the decision stand" - jurists should decide cases on the basis of previously established rulings/ precedent
- law becomes predictable and stable, but not always right |
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opposite of stare decisis
- concept that the court shouldn't always follow its own precedent
- idea that maybe circumstances have changed, there was a rule in error |
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| polls of other jurisdictions |
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| when a justice explores early English traditions/ early colonial state practices to determine how public officials of the times interpreted similar words and phrases |
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emphasize the importance of judges political ideologies
- liberal/ conservative leanings
- facts of case/ dispute evaluation through the lens of personal ideology |
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norms that constrain the behavior of jurists
- based on fundamentals of "what a good judge would do"
- activism (striking down, supporting) and restraint (court shouldn't meddle in other branches of government) |
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judges don't make decisions on their own opinions only, they are motivated by the legal system/ jurisprudential systems
- strategic not reactive behavior |
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| purpose of federal courts |
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Definition
| uniformity and supremacy (which didn't exist under the articles of confederation because each state had its own rules and did not adhere to federal law) |
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federal statutes, provisions mean the same thing and have the same force everywhere
- without it, federal law doesn't guide national policy |
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federal law is _____. If there is a conflict between state and federal law, federal always trumps it
- goal to enforce national guidelines for rights in all states |
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| full faith and credit clause |
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Definition
replaced confederation agreement -- each state respects other states' rules and statutes
- dispute between states must be solved on neutral ground |
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power is divided up between judicial, legislative, executive branches and federal and state governments
- hope is to create a balanced government
- shared protection against abuses of power |
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Term
| establishing the federal judiciary |
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Definition
| based on Article 3 of the Constitution and the Judiciary Act of 1789 |
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Definition
court must have the authority to hear a case
- case must be within the ____ (lower, higher courts)
- it is predetermined which cases can be heard by which courts |
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issue of rightness - is there an actual debate/ issue between two parties?
- court only has authority to hear case questions with a conflict
- is there a judicial question up for debate? |
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| cases that cannot be heard |
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Definition
| advisory opinions, collusive suits, mootness, ripeness, political questions |
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| judges of the highest court cannot advice the executive/ legislature |
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| judges of the highest court cannot advice the executive/ legislature |
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| court cannot rule on a case where two litigants want the same outcome |
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| court will not rule on a case that is no longer "live" |
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| a case is no longer justifiable if the controversy is premature and cannot be ruled upon |
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| A recourse in law where a party can petition a court to look in to when unlawful detention or imprisonment of a person is suspected. |
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| the basis of cases as such may not be ruled upon by a court |
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1. concrete injury
2. injury must be fairly traceable to the defendant
3. party must show favorable court decision is likely to redress wrongdoing |
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| seating qualifications for congress |
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| set list that may not be changed or altered by states |
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Definition
| members of Congress are immune from arrest during congressional sessions -- prohibits intimidation, jailing, harassment of members of Congress who may not agree with the president/ Admin |
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| source & scope of legislative powers |
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Definition
enumerated legislative powers are listed in Article 1, Section 8 and establish authority to regulate commerce, collect taxes, etc.
- are there more powers that explicitly stated (necessary and proper clause) |
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| necessary and proper clause |
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Definition
| The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. |
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Definition
there are congressional powers that are not explicitly stated but can be implied by or inferred from
- necessary and proper clause
- powers are inherent to the idea of national and supreme government |
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Definition
in order to enforce certain elements of the constitution by appropriate legislation, there must be ______ (offices, agencies, etc.)
- impossible to carry out constitution without it
- once a power has been delegated, it cannot be delegated to a different office, section |
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| domestic powers of the president |
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Definition
president has the power to faithfully execute the law with authority and can use the powers of congress to do so
- congress can demand president to carry out the law... |
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Term
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Definition
when legislation is passed by congress, Pres. can
1. sign it -> becomes a law
2. veto it -> doesn't become a law unless 2/3 majority vote in both houses
3. do nothing -> bill becomes a law in 10 days |
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| a special form of veto that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill |
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Term
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Definition
| a special form of veto that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill |
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| a special form of veto that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill |
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| flips mandated law making process and regular veto - executive branch (president) makes policies and congress can veto them |
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| presidential confidentiality |
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asserts that certain presidential conversations, documents, etc. should not be shared and should remain confidential
- _____ have the right and capability to withhold certain info |
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| protecting the president from lawsuit |
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Definition
notions of executive privilege and how it is dealt with
- question of whether a president can be ordered to carry out certain actions... does immunity come in to play? |
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| president and foreign affairs |
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Definition
president is commander-in-chief of the navy, armed forces, figurehead for foreign affairs
- president has the power, especially with Congress' approval, to permit or prohibit certain actions with foreign countries |
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| presidential power during war and national emergencies |
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Definition
president must consult congress with any military action
- report must be filed within 48 hours after hostilities were initiated
- military action is limited to 60 days without congressional approval |
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| domestic powers of the president |
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Definition
listed in Article 2, Granting Clause of the constitution
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." |
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| nation-state relations and federalism |
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Definition
| throughout history, S.C. relationship with federalism has swung between cooperative and dual |
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notion that the national government is supreme, even if touching state functions
- national government can take over state duties if touches them |
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| notion that 2 levels of government (state and federal) are co-equal sovereigns, each supreme in its own sphere |
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"powers not delegated to the U.S. by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"
- conflict on how to interpret this |
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| cooperative federalism & New Deal national supremacy |
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Definition
cooperative federalism isn't cooperative in any form
- becomes reiteration of 10th amendment rights - rights not delegated to federal are delegated to the states |
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