Federal courts are generally allowed to hear cases that are justiciable, in which there is a valid case
or controversy involved concerning federal or state laws. They can also hear cases that have subject
matter jurisdiction, personal jurisdiction and are proper venues under Article III of the Constitution.
Such cases involving federal questions include interpretations of Constitution, treaties and admiralty
of law, and disputes between states and foreign citizens. They may hear cases concerning challenges
against federal laws that the Appellate court would later hear, except Congress can limit their
jurisdiction and allow federal courts to hear them instead. Federal appellate courts generally can hear
cases on both federal and state laws. State courts should hear cases based on state laws. However,
where the state law is identical to the federal law, state courts can also hear cases based on federal
laws, to avoid any discrimination towards state courts.
Federal courts are also disallowed from hearing cases that consist of political questions. This means
that the case should not be resolved by the judiciary alone, as it involves an issue that should be
delegated to another branch of the government. This includes foreign policy issues, where the
president wishes to recognise foreign tribes or a new jurisdiction, or where the US is under attack by
another country in an emergency situation. It also includes gerrymandering, whereby voting district
segregation should not be dealt with by the judiciary alone, as well as challenges against the
Republican Form of Government Clause under Article IV, and ratification of amendments towards
the Constitution. However, cases over any arbitral exclusion of the Congressional delegate or
production of presidential papers may be heard in the federal courts, as these issues do not consist of
exclusive political issues which the judiciary can handle alone.
Federal judges are generally entitled to compensation. Judges hired under Article III by the judiciary
are guaranteed to compensation, but those hired under Article I by Congress can lose compensatory
rights to Congress. However, judges can still be removed under Article III, but only by impeachment,
when they are not on good behaviour.
2) Supreme Court Jurisdiction
The Supreme Court has jurisdiction over two types of cases. On the one hand, cases with original
jurisdiction may be heard in Supreme Court. These cases include lawsuits against public ministers,
consuls or state ambassadors, and lawsuits between state governments. Congress can grant concurrent
original jurisdiction to lower federal courts (except for disputes between states). On the other hand,
cases with appellate jurisdiction may be heard in Supreme Court in two ways. However, it may be
limited by Congress and delineated to the Federal Court instead. Firstly, appeals with writ of certiorari
may be heard in Supreme Court if at least four justices vote to accept it. These include lawsuits
concerning the validity of federal or state laws, which are initially heard in federal and state appellate
courts respectively, and then appealed against in the Supreme Court where it holds writ of certiorari.
These only include final judgments from the federal/state courts, not lawsuits brought immediately
to Supreme Court. Initially, appeals in the state court must be brought to the state appellate court as
the state court must exhaust all of its appellate remedies first. Likewise, the federal court must bring
appeals to the federal court of appeals (not district court), then the Supreme Court may hear. Secondly,
mandatory appeals may be heard in Supreme Court if a three-judge district panel votes to accept it.
These include lawsuits concerning the grant/denial of immunity or injunctive relief.
,The Supreme Court can generally not hear cases based on independent and adequate state law grounds
(IASG). However, they may hear certain cases that were decided based on other laws. In this case,
the decision must be adequate in that it is fully dispositive of the case. Secondly, the decision must
be clearly based on state law alone, and independent of an existing federal provision that is identical.
Where it is intertwined with a federal law, the Supreme Court must review the decision again to
determine whether the application of state law would have changed the outcome or not. For example,
a state court decision based on a federal law that supposedly interprets the state law is not based on
independent state law grounds. However, if the decision was based on both state and federal laws,
and the state law’s application would have reached the same outcome anyway, there is no need to
review the decision since the case would ultimately be rendered moot. Also, if the decision was based
on the avoidance of federal law, it must have relied on state law, thus it counts as IASG.
3) Justiciability (Art 3)
Federal courts may hear cases that are justiciable only, in which there is a real case or controversy
under Article III. This requires four elements. Firstly, the federal court must render a judgment that
remedies the situation ‘on its own’. It must not render an advisory opinion by rendering a judgment
in conjunction with another institution. Also, there must be an actual dispute between two adverse
parties (not one acting on behalf of another) and an applicable statute that is enforced against one of
the parties causing injury towards him, rather than a pending statute. Secondly, the case must be ripe.
This means that the issues in the case must be immediately fit for review by the court, rather than
being contingent upon the fulfilment of a particular event. For example, if there are unsettled
questions about a statute, all remedies must be exercised to resolve them, and then the courts may
determine their constitutionality. The plaintiff must also show that he would suffer undue hardship if
the case was not heard otherwise. Third, the case must not be moot. This means that the case must be
live at all critical stages of the litigation proceedings, thus it cannot be resolved at any point otherwise
the federal court cannot hear the case anymore. However, this rules out any cases that could be
capable of repetition depending on the requirements under the statute. It also rules out class actions
where some claims may be resolved, but others remain outstanding. Lastly, the plaintiff must have
standing, which is crucial. Here he must show that he will suffer injury in fact as a result of the statute
directly. He must demonstrate particularity and concrete harm, that is either definite or potential
injury in the future. He must also show causation in that the statute will directly cause harm towards
him. He must further show that the court can provide redress to compensate for his loss.
There are exceptions to the requirements for cases or controversies. Even if the requirements are not
met, an existing federal statute may create standing for the parties. For third parties, he can have
standing if he either has no adequate ability to represent his own rights and another party represents
on his behalf, or if both parties share a special relationship. Corporations may bring lawsuits where
an injury caused towards the corporation relates to its purpose and the injured members would
normally have the right to sue. Their membership in the lawsuit is not necessary. Taxpayers may have
standing if they are only suing against Congress for its overspending under the Establishment Clause,
or the Federal Government for its wrongful imposition of its federal tax against the taxpayer.
Otherwise, lawsuits concerning federal expenditures is not allowed in federal court.
4) Enumerated Powers (Art 1, Section 8)
Under Article I, Section 8 of the Constitution, Congress may exercise a wide range of enumerated
powers. For example, Congress can exercise its commerce powers to regulate any commercial
activities over states. Such powers are broad compared to the states’ commercial powers under the
Dormant Commerce Clause. Congress is allowed to regulate interstate or foreign commerce. This
, includes control over channels (waterways, tunnels) or instrumentalities (vans, planes) of interstate
commerce, or articles of interstate commerce. Congress can also control activities that may have
substantial effect on interstate commerce, or even intrastate commerce. Regarding the latter, Congress
must show that the intrastate commerce activities have an effect on interstate commerce. Where the
activities are economic, Congress only has to show its regulation rationally affects interstate
commerce, at least in aggregate. Whereas for non-economic activities, Congress must show the
activities have a direct economic effect interstate commerce, despite the activity being non-economic.
So the threshold would be higher. Congress can also regulate interstate commerce of alcohol by
imposing anti-trust laws, despite the 21st Amendment entitling freedom to transport alcohol between
states.
Congress may exercise its tax powers by imposing taxes on individuals or companies, so long as the
tax reasonably relates to the production of revenue by Congress and to a public purpose, which is
generally a low burden to fulfil.
Congress may exercise its spending powers if Congress spends appropriately for the common defence
or general welfare. However, it cannot create legislation to fulfil such purpose because the State has
such power to do so under its police powers. Nonetheless, Congress can still enact laws over its
federally owned lands, in the District of Columbia, or Indian reservations.
Congress may exercise its war powers by declaring war against foreign hostilities or raising and
supporting troops. Only the President can deploy troops in other countries.
Congress can exercise its property powers by regulating lands wholly owned by the Federal
Government, or property belonging to them.
Congress can deny aliens from entering the US, as well as denying them residency permits so long
as they give them notice and an opportunity to be heard first.
Under Article 1 Section 5, Congress is to judge the elections, returns and qualifications of its own
members. For example, the House of Senate (not federal court or President) may judge whether the
Senator is qualified or not.
Under 3rd Amendment, Congress (not state government) must not quarter or place any soldier to live
in people's homes, unless they provide consent. This means that state governments can place soldiers
in people’s homes at their own discretion.
Under 7th Amendment, Congress (not state government) may grant the right to a jury verdict in civil
cases.
5) Necessary and Proper powers
Where a federal power is delegated to another governmental branch such as the President or the
judiciary (and Congress itself), and they cannot execute those powers because they do not possess
legal authority to do so, Congress may exercise its necessary and proper powers to create new laws
that can execute those powers for them. For example, Congress can enact laws to execute its
commerce powers, or to allow President/judiciary to exercise certain powers. This is not an expressly
stated power under Article I of the Constitution, but rather implied. However, it may be void if the
Constitution disallows it.
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