Mbe Constitutional Law

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Article III Section 1 USC (text)

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"The Judicial powers of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish."

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How are federal courts generally created?

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Federal Courts are generally created by the United States Congress under the power described in Article III. Some specialized courts are established under the authority grant in Article I but greater power is vested in Article III courts because they are independent of Congress and the President and political process.

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What is contained in Article III, Section 2?

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A delineation of the jurisdiction of federal courts as limited to cases and controversies.

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What 7 cases and controversies are federal courts limited to under Article III Section 2?

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1. Arising under the Constitution, laws and treaties of U.S.;
2. Affecting foreign countries' ambassadors, public ministers and consuls;
3. Involving admiralty and maritime jurisdiction;
4. When the U.S. is a party
5. Between two or more states, or between a state and citizens of another state;
6. Between citizens of different states or between citizens of the same state claiming lands under grants of different states;
7. Between a state, or its citizens and foreign states, citizens or subjects.

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Marbury v. Madison

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The judiciary has the power, although not enumerated in the text of the Constitution, to review an act of another branch of the federal government and to declare that act unconstitutional. The Constitution is paramount law and SCOTUS has the final say in interpreting the Constitution

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Martin v. Hunter's Lessee

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SCOTUS has power to review the constitutionality of a decision by the state's highest court.

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Judicial Review of State Actions

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Under Article IV Section 2 the Supremacy Clause

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Fletcher v. PEck

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The federal judiciary has the power to review state actions e.g. court decisions, state statutes, executive orders to ensure conformity with the Constitution, laws, and treaties of the United States.

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11th Amendment

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Operates as a jurisdictional bar that prohibits citizens of one state from suing another state in federal court. Immunizes a state from suits for money damages or equitable relief when the state is the defendant in an action brought by a citizen of another state.

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Hans v. Louisiana

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SCOTUS expanded the 11th Amendment's reach to preclude citizens from suing their own state in federal court.

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Alden v. Maine

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SCOTUS has barred federal-law actions brought against a state government without the state's consent in state court as a violation of sovereign immunity.

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Five exceptions to the jurisdictional bar of the 11th Amendment

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1. Consent- states may expressly consent to suit and waive the 11th Amendment.
2. Injunctive relief
3. Damages to be paid by an individual (a state officer personally, not out of treasury)
4. Prospective damages- case against state officer even if the action will force a state to pay money to comply with court order.
5. Congressional authorization- Congress can abrogate state immunity if it is clearly acting to enforce rights under the 14th Amendment and does so expressly. (Fitzpatrick v. Bitzer) But Congress generally cannot abrogate state immunity by exercising its Article I powers. (Seminole Tribe of FL v. FL).

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11th Amendment- Injunctive Relief

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11th Amendment doesn't bar injunctive or declaratory relief unless the state itself is enjoined. When a state official is named as a defendant the stat official may be used in federal court to prevent enforcement of an unconstitutional state statute. (Ex parte Young)
A state cannot invoke its sovereign immunity to prevent a lawsuit by a state agency seeking to enforce a federal right against a state official.

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Types of suits not barred by the 11th Amendment

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The Eleventh Amendment applies only to state and state agencies, local governments ARE NOT immune from suit.

Actions by the U.S. govt or other state govts are not barred.

Bankruptcy proceedings- eleventh amendment does not bar actions in backruptcy court that impact state finances. (Central Cmty. Coll. v. Katz).