Nature Of Judicial Review

Front 1

Judicial Review - Organizations of the Courts in the Federal System - Federal Court System

Back 1

Article III, Section 2 limits the jurisdiction of federal courts to:

Law-Based Federal Jurisdiction:

• Constitution and Federal Laws
• Admiralty and Maritime Laws

Party-Based Federal Jurisdiction:

• U.S. Government
• State vs. State
• State vs. Other State Citizens
• Individuals from Different States (more than $75,000 in controversy)
• Diplomats

Front 2

Judicial Review - Organizations of the Courts in the Federal System - 11th Amendment

Back 2

States that private individuals can't sue states for money damages, based on state sovereign immunity.

Exceptions to the 11th Amendment:

• Other states and the federal government
• Cities and counties
• Injunctive Relief
• Waiver of Sovereign Immunity
• Enforcement Powers

Front 3

Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - Case or Controversy

Back 3

Article III, Section 2 limits the jurisdiction of federal courts to cases and controversies.

Mnemonic: RAMPS

Front 4

Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS

Back 4

RAMPS =

• Ripeness
• Abstention
• Mootness
• Political Questions
• Standing

Front 5

Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Ripeness

Back 5

"You sued too soon". It is necessary for a party to have an injury!

Advisory opinions are impermissible.

Front 6

Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Abstention

Back 6

Means to "provide deference to state courts"

• The federal court may abstain if the meaning of a state law or regulation is unclear.
  
• Where a state court proceeding is going on, the federal court will abstain from hearing the same matter.

Adequate and Independent State Grounds:

• The U.S. Supreme Court will not hear a cause from a state's highest court if that state's high court's decision can rest on state law grounds.
• Exception - the state follows the federal law.

Front 7

Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Mootness

Back 7

"You sued too late". The dispute is over.

• Again, advisory opinions are impermissible.
• Exception to mootness = if the issues are capable of repetition yet evading review (examples: pregnancy/abortion).

Front 8

Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Political Questions

Back 8

Federal courts cannot hear cases involving political questions.

• Political question = a matter assigned to another branch by the constitution or incapable of a judicial answer.

Two primary factors in determining if there is a political question:

• Textual commitment - something in the words of the Constitution that allocates the issue to another branch.
• No standards (political rather than legal questions)

Examples of political questions:

• Gerrymandering
• Foreign Affairs
• Impeachment = textual commitment

Front 9

Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Standing

Back 9

Article III requires a person litigating a constitutional question to show:

• Injury in Fact - actual or imminent personal injury
  
• Causation - defendant caused plaintiff's injury.
• Redressability - victory helps plaintiff.

Examples of individuals who lack standing:

• Legislators
• Constitution Lovers
• Taxpayers

Exception - Establishment Clause Laws

Front 10

Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Standing Cont.

Back 10

Specialized Problems of Standing - Third Parties:

• Generally no standing for third party.
• Exception - where there is a special relationship between the parties AND the party who has standing is incapacitated.

An organization has standing to assert the claims of its members if:

• Member has standing
• Purpose of the association is relevant (note: if the purpose is to "promote the constitution", then this is a wrong answer)
• Member participation in the litigation is unnecessary.

Front 11

Judicial Review - Organizations of the Courts in the Federal System - The United States Supreme Court - Jurisdiction

Back 11

Article III, Section 2 provides the Supreme Court with original jurisdiction in:

• Party based disputes.

Parties include:

• Foreign diplomats
• States

These party disputes are immediately allowed to go to the Supreme Court.

Appellate Jurisdiction - exists where the federal constitution or a federal law are at issue.

Front 12

Judicial Review - Organizations of the Courts in the Federal System - The United States Supreme Court - Congress' Power Over the Courts

Back 12

With Lower Federal Courts:

• Congress has full power

With the Supreme Court:

• This area of case law is unsettled

Congress cannot however:

• Take a case from appellate jurisdiction and make it original jurisdiction.