Power of Judicial Review
Judiciary has the power to say whether legislative or executive action is unconstitutional.
What is ruling of Marbury v. Madison?
Injury in fact: The party must suffer a concrete, actual, or imminent harm—not a hypothetical or speculative worry.
Causation: The injury must be fairly traceable to the conduct or action of the defendant.
Redressability: A favorable court ruling or remedy must be likely to fix or relieve the injury.
What is standing?
the supreme court has power to review state court rulings on federal question
What is Martin v. Huntter Lesse?
a clause that prevents retroactive criminal laws. ex: charging on someone for a crime even though it was legal when it was committed or changing rule of evidence
What is Ex Post Facto?
courts cannot issue this
What is advisory opinion?
Congress has the discretion of power over federal judiciary structure.
What is Stuart V. Laird?
What is Redress ability?
To ensure uniform interperation of federal law
What is the purpose of viewing state rulings on Federal Law?
State officals are bound by the SC interpretation of the constitution.
What is Cooper V. Aaron?
(A) Actual Dispute
(B) substantial likelihood that a judicial decision will affect the parties rights
What is requirement for courts to issue opinion?
the process by which the courts decide whether actions of government officials comply with the constitution.
What is Judicial Review?
Ensuring that courts only hear cases involving actual controversies. a. plaintiff is already harmed b. plaintiff must be faced with specific present objective harm c. must be under a threat if specific harm.
What is Ripeness?
power to review state criminal proceedings if defendant claims constitutional violation even if state court is the final authority on state law
What is Cohen v. Virginia?
if the state decision rests on Federal Law or is interwoven with fed law then congress..
What is assumption of Jurisdiction to review case?
Unconstitutional expansion of original jurisdiction.
The Judiciary Act of 1789.
if events occur after the case has begun to eliminate plaintiff's stake in controversey
What is mootness?
1. Highest court has made decision (2) decision implicates federal law
What are the two requirements for SCOTUS review of a state court judgment?
State decision must clearly express it rests on adequate and independent state law ground.
What is clear statement rule?
1. Collateral Consequences
2. Voluntary Consequences
3. Capable of Repetition, yet Evading Review
Exceptions to Mootness
Adequate: state law ground must be enough it's self to decide entire case
Independent: must not be intertwined with federal law
What is Adequate and Independent Doctrine?