Modalities of interpretation - answer-Textual - words of the con
Structural - how the con. fits together (separation of powers)
Historical - Original intent of the frmaers. (original meaning and traditions) (interpreted in accordance with history or background)
Doctrine/precedent - what the cour...
CONSTITUTIONAL LAW QUESTIONS AND ANWERS
Modalities of interpretation - answer-Textual - words of the con
Structural - how the con. fits together (separation of powers)
Historical - Original intent of the frmaers. (original meaning and traditions) (interpreted
in accordance with history or background)
Doctrine/precedent - what the court's have generally decided
Ethical/National values/moral - Moral values
Prudential/practical/pragmatic- What are the consequences of the ruling? (pragmatic
consequences)
Three functions of the constitution - answer-Sets up limited enumerated powers
Article 1: sets out congress and grants them power to legislate and make laws.
Article 2: executive branch, President, qualifications: Commander in chief, veto,
appointments, treaties etc.
Article 3: Judicial branch, creates the SC, defines SC jurisdiction
Marbury v. Madison - answer-First decision to declare a federal law unconstitutional
Established principle of judicial review - ability of courts to engage in review of legislative
and executive actions
SC has the power to review the constitutionality of the other branches
The judiciary can compel the executive what to do if it concerns an administrative duty
that the prez. owes
Constitution is regulatory and limits congress
Constitution is regulatory and imposes meaningful limits on the government
Article 3 limits judicial power - court cannot exceed the constraints of article 3 even if
congress says it can
Judiciary can compel executive action of those things that are ministerial (when there is
a duty owed to some person)
Holding: marbury loses out b/c scotus said they couldn't rule on the case b/c they only
had appellate jurisdiction and the case should have been in the lower court first.
However section 13 was unconstitutional b/c he should not have been allowed to file
directly in the SC.
reasoning: Appointments never got delivered.
Marshall makes an ethical argument
Marshall's statement in Marbury v. Madison that it is "emphatically the province and duty
of the judicial department to say what the law is," is perhaps the most oft-cited passage
in the opinion.
Martin v. Hunter's Lessee - answer-The supreme court has the power to review state
court decisions.
,Article 3 says the judicial power shall be vested into one supreme court and judicial
power includes reviewing determinations of federal questions
Sct. makes a textual argument (power vested in ONE supreme court) must hear all cases
Theorizes that S. Ct can hear cases from state court
Supremacy clause - answer-Constitution is the supreme law of the land
Uniformity of decision - answer-Needs to ensure uniformity in the interpretation of
federal law
For a state decision to go to the SC it must be a federal issue
Federal issue - answer-Statute, treaty, compact between states, administrative
regulation, constitutional issue etc.
SC can't review state court decision concerning state law
Adequate state grounds - answer-If there are adequate and independent state grounds
for a decision the SC cannot review it
State court could have been totally wrong on the federal issue
4 corners - not adequate and independent if they didn't in the four corners of the
document specifically state that they weren't relying on state law
Virginia state cort. ruled on 2 state grounds (fed treaty does not apply, you didn't raise
the federal treaty properly
Adequate means the state law part would sustain judgment.
Independent - want a plain statement of independence if there is some plain meaning
Justiciability doctrine - answer-Places a limit on the federal judicial power
determines which matters the FC can hear and which must be dismissed
Prohibition against advisory opinions, standing, ripeness, mootness, and PQ doctrine
two limitations of the Justic. doctrine - answer-Must be an actual case or controversy
(must be true lawsuits between individuals with a personal stake in the outcome) to
achieve some personal right or remedy
Prudential - policy goes against judicial review sometimes
Prohibition against advisory opinions - answer-Actual dispute between litigants - cannot
be a request for advice
substantial likelihood judgment will have some effect in favor of P
The FC cannot issue advisory opinions
, Advis. opinion: lawsuit that seeks the court's opinion on a question and asks them to
render a declaratory judgment (essentially a request for advice)
Arguments against Advisory opnions:
Textual - case and controversies
Structural - separation of powers
Precedent/history
prudential
Waste of courts time
If the SC made advisory opinions it would erode their authority. They would be making
laws instead of congress. It would violate the separation of powers.
To avoid being an AOpinion: Must be an actual controversy, between adverse litigants,
that have an interest in the outcome, court's decision must have possibility to bring a
change or effect.
Standing - answer-Determination of whether a specific person is the proper party to
bring matter for adjudication or challenge some form of government action.
You must ask: WHO is the proper party to bring the lawsuit?
Elements:
Injury in fact: must be actual or imminent, concrete and particularized
Causation: fairly traceable to defendant's conduct
Redressability: decision will likely redress P's injury
Injury in fact - answer-actual or imminent - cannot be hypothetical
Cannot be someday,injury must have happened. A mere interest in the problem is not
enough (Lujan v. defenders)
Concrete and particularized - certain types of injuries (cannot be harm to society) - can
be money damages, civil rights violation, unconstitutional tax under establishment
clause (Flash v. Cohen), any common law injury, physical injury, injunctive remedy
Generalized grievance - must be more than a complaint that the gov. if not following the
law.
Frothingham v. Melon (injury shared with citizens)
Causation - answer-Must be fairly traceable to D's conduct and not some third party
d's conduct must have caused the injury
Redressability - answer-Likelihood that the problem will be fixed (relief or redress
available from the court)
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