Constitutional Law Flashcards

Front 1

Judiciary -
Article III Powers

Back 1

Article III of the Constitution grants federal courts the power to hear cases and controversies that arise under the Constitution, law or treaties of the United States where: 1) the United States is a party, 2) between states, 3) between states and their citizens, 4) in cases of diversity, and 5) between a state and/or its citizens and foreign states and/or their citizens

Hint 1

A federal court may only hear those cases which the Constitution authorizes it to hear.

Front 2

Separation of Powers - Judicial Review

Back 2

While not explicitly stated in the Constitution, the Supreme Court has the power to determine the constitutionality of acts of other branches of government

Hint 2

Marbury v. Madison

Front 3

Separation of Powers - Finality of Court Judgment

Back 3

The separation of powers doctrine prohibits the legislature from interfering with the court's final judgments

Front 4

Federal Review of State Acts

Back 4

The Supremacy Clause of Article VI establishes that the Constition, Laws, and Treaties of the United States take precedence over state laws

Hint 4

Federal law trumps state law every time

Front 5

Types of Federal Courts -
Article III Courts

Back 5

Article III Courts are established by Congress pursuant to Article III of the Constitution, however, Congress may not require these courts to render advisory opinions or perform administrative functions. Judges have life tenure and their salary cannot be decreased.

Hint 5

No advice or tedious tasks

Front 6

Types of Federal Courts -
Article I Courts

Back 6

Under Article I, Congress can created speciality courts. These courts may have both administrative and judicial functions, but they may not hear Article III cases or vice versa.

Hint 6

No life tenure or guaranteed salary for these judges.

Front 7

Supreme Court -
Original Jurisdiction

Back 7

Under Article III, the Supreme Court has original jurisdiction in all cases affecting foreign officials and those where a state is a party.

Front 8

Supreme Court -
Concurrent Jurisdiction

Back 8

Congress may neither restrict nor enlarge the Supreme Court's original jurisdiction, but it may give concurrent jurisdiction to lower federal courts to hear all cases except those between states.

Front 9

Supreme Court -
Appellate Jurisdiction

Back 9

Under Article III the Supreme Court has appellate jurisdiction over all cases arising under the Constition, treaties, and laws of the United States.

Front 10

Discretionary Appeals
(by writ of certiorari)

Back 10

A case will be heard if four justices agree to hear it and if: it comes from the highest state court and involves a federal question, or it is a case from teh federal court of appeals.

Front 11

Mandatory Appeals

Back 11

The Supreme Court must hear those cases that come to it on appeal where the decision was made by 3-judge federal district court panels that grant or deny injunctive relief.

Front 12

Congress's Power to Expand/Restrict the Supreme Court's Appellate Jurisdiction

Back 12

Congress may expand or restrict the Supreme Court's Appellate Jurisdiction provided: it does not eliminate all avenues of Supreme Court review, and jurisdiction remains in some lower .